Ograniczenia ustawodawcy w kształtowaniu zadań gminy
Limitations of the legislator in shaping the municipality’s tasks

Summary/Abstract: The thirtieth anniversary of the restoration of local self-government in Poland prompts analyses and evaluations of the functioning of local self-government and the formulation of directions for its transformation. It is also a good time to take a look at the jurisprudence of the Constitutional Tribunal which have an impact on the shape of tasks and the way they are implemented by local self-government communities. One of the most important rulings in this regard was issued by the Constitutional Tribunal on 23 October 1995 (K 4/95).The theses of the Constitutional Tribunal presented in the abovementioned decision, despite the adoption of the new Constitution of the Republic of Poland and other laws – they were formulated when the Constitutional Act of 17 October 1992 on mutual relations between the legislative and executive powers of the Republic of Poland and local self- government as well as the Act on the lease of flats and housing allowance were still in force – are still valid. These theses concerned, among others, issues related to determining the nature of public tasks as well as the obligation and continuity of the implementation of the municipality’s tasks related to securing the housing needs of the members of self-government community.In the abovementioned judgement, the Constitutional Tribunal also formulated three important, although disputable, theses concerning the municipal self-government which referred to: 1) the full freedom of the legislator in delegating tasks to the municipal self-government; 2) the manner in which the local self-government carried out its own tasks, i.e. through the implementation of detailing tasks; 3) the absence of the need to ensure full financing for the implementation of tasks delegated to the municipality. The above theses are considered in the commentary.

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