Supervisory authorities and quasi-authorities in commune-level local government Cover Image

Supervisory authorities and quasi-authorities in commune-level local government
Supervisory authorities and quasi-authorities in commune-level local government

Author(s): Stanisław Bułajewski
Subject(s): Sociology
Published by: Wydawnictwo Wyższej Szkoły Gospodarki Euroregionalnej im. Alcide De Gasperi w Józefowie
Keywords: supervisory authorities; Sejm; province governor; regional chamber of accounts; prime minister; local government board of appeals; administrative courts

Summary/Abstract: The subject of the analysis carried out in the paper is the characteristics of supervisory authorities. What is extremely important is that both constitutionalauthorities and quasi-authorities have the power to conduct supervisory activities,but only in terms of legality. The object of supervision is not only normative actsadopted by commune-level local government bodies, but also other activities carriedout by entities that operate at this level of government.The competences of supervisory authorities are compared with those of quasisupervisory authorities. Some quasi-supervisory authorities (e.g. administrativecourts) are able to verify the supervisory decisions of constitutional supervisoryauthorities. This relationship preserves the independence of communes. Theexception is the supervisory competence of the lower chamber of Poland’s parliament(Sejm), whose supervisory acts are not subject to appeal – this is a unique exceptionto the constitutional principle of two-instance proceedings.Because of its brief size, the present paper is not an attempt at a comprehensivepresentation of the problem identified in the title. The discussion is limited to a fewelements. The paper contains an analysis of selected issues related to the problem ofsupervision over the activities of commune-level local government. The problem wasdescribed by comparing the most important constitutional and non-constitutionalauthorities appointed for this purpose.I started my deliberations with an analysis of general issues related to bothconstitutional supervisory authorities and “quasi-supervisory” authorities. ThenI provided a brief description of such authorities as province governor, primeminister, regional chamber of accounts, Sejm, local government board of appeal,and administrative courts.Almost every part of the paper refers to numerous views expressed in thedoctrine, the current legislation, and the relevant case law. Without presentationof the case law, correct interpretation of the issues in question would not have beenpossible. The paper ends with a brief summary.

  • Issue Year: 45/2020
  • Issue No: 2
  • Page Range: 221-237
  • Page Count: 17
  • Language: English
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