Zasady zarządzania mieniem samorządowym
The principles of self-government property management

Summary/Abstract: Self-government property, as a kind of public property, is subject to special regulations by law. The administration of self-government property has to be carried out with adherence to the principles formulated in self-government system acts. The provisions of these acts stipulate that communal property subjects decide independently on the appropriation and the manner of disposition of assets, upon the fulfilment of requirements contained in separate legal regulations (the principle of independence). On the other hand, it’s the duty of the persons participating in the administration of self-government property to exercise special care when carrying out the administration in conformity with the property and its protection (the principle of special diligence). Compared to other legal orders, active protection of the public property is essential in the Polish legal order, since there are no specific protection mechanisms. Polish law does not provide for the protection of municipal property following the principle of non-transferability, prescription, seizure and enforcement found in other European legal systems. The question that arises is whether the Polish legislator did not act too rashly in unifying the principles of protection of the public (local government) and private property.

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