Information about which of own tasks of municipalities have an obligatory nature Cover Image

Informacja na temat, jakie zadania własne gminy mają charakter obowiązkowy
Information about which of own tasks of municipalities have an obligatory nature

Author(s): Monika Korolewska
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: Poland; roads; municipality; culture; education; social assistance;

Summary/Abstract: The Act on Municipality Self‑Government introduces in Article 7 para. 2 a special category of own tasks of the municipality, namely the tasks that under the relevant provisions of substantive law are obligatory. According to the author, an analysis of the provisions of substantive law allows us to conclude that the term ‘obligatory task’ has been used explicitly by the legislature very seldom. She points out that both in the legal doctrine and in the decisions of supervisory authorities the view has been established that qualifying a particular own task of the municipality as a task of an obligatory nature (within the meaning of Article 7 para.. 2 of the Act on Municipality Self‑Government, may depend on the way in which the legal provisions are edited. The author has made an attempt to identify the most relevant legal norms which require the municipality or its bodies to carry out certain tasks, even if the content of the provisions does not directly specify them as obligatory tasks.

  • Issue Year: 2013
  • Issue No: 4
  • Page Range: 244–267
  • Page Count: 24
  • Language: Polish