Glosa do wyrok NSA z 23 kwietnia 2014 r. II OSK 637/141, dotyczącego formy oświadczenia organu gminy zgłaszającego swojego reprezentanta do stanowisk w spółce prawa handlowego (glosa częściowo aprobująca)
Glossary to the judgment of the Supreme Administrative Court of 23 April 2014 II OSK 637/14 regarding the form of the municipal authority’s declaration submitting its representative for positions in a commercial law company (partly approving gloss)

Summary/Abstract: The subject of the presented glossary is the interpretation of anti-corruption provisions introduced by the legislator to prevent conflicts of interest between the public interest and the private interest of a public official. One of the measures to counteract such cases is the prohibition on joining public positions, including from performing functions in supervisory bodies of municipal companies. The legislator provided for an exception to the above prohibition. It is permissible to perform the function of a member of the supervisory board if the person to perform it was by a local governmental unit. After the analysis, the author indicates that the entity authorized to register a person for the function is the executive body of this unit, even if he performs the function of the meeting of shareholders of a sole proprietorship. It is important that the application was formally made by the entity representing the local government unit, but it is irrelevant whether it was inspired by other people. Only in such a situation will the legal conditions of the exception to the prohibition on combining public functions with membership in the supervisory board of a municipal company be met.

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