Kontrola legalności uchwał organów samorządu zawodowego radców prawnych w świetle kompetencji nadzorczych ministra sprawiedliwości – wybrane zagadnienia
Verification of the legality of resolutions by the professional self-government of legal advisers in light of the supervisory powers of the Minister of Justice – selected issues

Summary/Abstract: The scope of the supervisory powers of the Minister of Justice (article 47 in conjunction with article 5 of the Act of 6 July 1982 on Legal Advisers) in the context of the wording of article 28(4) through 28(7) of the Act on Legal Advisers and article 31(2) through 31(3) of the mentioned Act, has given rise to considerable doubts, which have triggered a lack of uniformity in decisions made by Voivodeship Administrative Courts and by the Supreme Administrative Court. In connection with the above, the legal issue has appeared as to whether the Minister of Justice, acting within the terms of reference of his supervisory powers, can issue a reversal decision with respect to the annulment of resolutions passed by the Council of the District Chamber of Legal Advisers and the Executive Committee of the National Council of Legal Advisers, and order the entry in the register of legal advisers. The matter in question requires analyzing the type and scope of the supervision of the Minister of Justice within the limits defined in the Act on Legal Advisers. The purpose of the analysis presented in this paper is to facilitate the removal of such doubts and to indicate possible directions of legal construction, which should facilitate uniformity in the subject matter in question. As regards the subject matter of the study, it is necessary to underline the significance of Article 17(1) of the Polish Constitution, which provides that by means of a statute, professional self-governments may be created within a profession in which the public reposes confidence, and such professional self-governments shall concern themselves with the proper practice of such professions in accordance with, and for the purpose of protecting, the public interest. In view of the above, there is also a need to clearly separate the scope of work of the professional self-government that falls within the terms of reference of public tasks whose execution is vested with the self-government from the execution of tasks typical of corporate bodies, whose decisions are not subject to judicial and administrative control.

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