Podstawa prawna do wydania aktu prawa wewnętrznego (na tle art. 93 ust. 2 Konstytucji)
Legal Basis for the Issuance of Internal Legal Enactments (Based on Article 93 16para. 2 of the Constitution)

Summary/Abstract: The aim of the article is to present an interpretation of the requirement that internal legal enactments be issued on the basis of statute (Article 93 para. 2 of the Constitution). This constitutional prerequisite provides the basis for two kinds of approach. Under the first one, Article 93(2) of the Constitution requires that an authorizing provision that defines the entity, the form and content of the internal enactment be created by statute. The second approach permits an internal enactments to bebased on the norms of statute which define the tasks and powers of a particular authority. In the author’s view, the interpretation of the statutory basis requirement should be made in reference to a number of constitutional principles, including reliability and efficiency of the constitutional bodies as well as the stability and permanence of legislation. In view of these values, the requirement for a statutory basis should be treated flexibly so as to provide an appropriate instrument to government administration to exert influence on its subordinate organizational structure.

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