<abstract xmlns="http://www.w3.org/1999/xhtml">In the science of administrative and constitutional law, administration science and many other sciences, including political science, it is widely accepted that the basic, inherent feature of a municipality, deciding the essence of the territorial self-government unit as an entity of public administration, is the self-reliance it is entitled to. The self-reliance of territorial self-government units is even defined as a constitutional norm.In principle, self-reliance is perceived as a fundamental attribute of a decentralised public authority and constitutes one of the fundamental systemic principles of the Republic of Poland. It was formulated <italic>expressis verbis</italic> in art. 165 par. 2 of the Constitution of the Republic of Poland, which states that the self-reliance of territorial self-government units is subject to judicial protection, meaning that TSGUs can defend themselves against illegal attempts, not grounded in the law to interfere in their self-reliance. This protection seems to encompass both the private-law and public-law spheres of territorial self-government activity.The essence and guarantees of territorial self-government units’ self-reliance also arise from other constitutional principles, including the aforementioned decentralisation principle, subsidiarity principle, separation of powers, supremacy of the nation and democratic state under rule of law.The goal of this article is to interpret the principle of municipal self-reliance in the context of constitutional principles of law, in the light of the Polish Constitution. The studies were conducted based on analysis of normative acts, doctrinal views and case law.</abstract>

In the science of administrative and constitutional law, administration science and many other sciences, including political science, it is widely accepted that the basic, inherent feature of a municipality, deciding the essence of the territorial self-government unit as an entity of public administration, is the self-reliance it is entitled to. The self-reliance of territorial self-government units is even defined as a constitutional norm.In principle, self-reliance is perceived as a fundamental attribute of a decentralised public authority and constitutes one of the fundamental systemic principles of the Republic of Poland. It was formulated expressis verbis in art. 165 par. 2 of the Constitution of the Republic of Poland, which states that the self-reliance of territorial self-government units is subject to judicial protection, meaning that TSGUs can defend themselves against illegal attempts, not grounded in the law to interfere in their self-reliance. This protection seems to encompass both the private-law and public-law spheres of territorial self-government activity.The essence and guarantees of territorial self-government units’ self-reliance also arise from other constitutional principles, including the aforementioned decentralisation principle, subsidiarity principle, separation of powers, supremacy of the nation and democratic state under rule of law.The goal of this article is to interpret the principle of municipal self-reliance in the context of constitutional principles of law, in the light of the Polish Constitution. The studies were conducted based on analysis of normative acts, doctrinal views and case law.

Interpretation of the Principle of Municipality Self-Reliance in the Context of Constitutional Principles of Law

Studies in Logic, Grammar and Rhetoric

This work is licensed under the Creative Commons Attribution 4.0 International License.

In the science of administrative and constitutional law, administration science and many other sciences, including political science, it is widely accepted...

Interpretation of the Principle of Municipality Self-Reliance in the Context of Constitutional Principles of Law

Online veröffentlicht: 13. März 2021

Seitenbereich: 103 - 119

DOI: https://doi.org/10.2478/slgr-2020-0050

Schlüsselwörter
administrative law, self-government constitutional principles of law, municipality self-reliance

© 2020 Agnieszka Daniluk, published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

Interpretation of the Principle of Municipality Self-Reliance in the Context of Constitutional Principles of Law

Online veröffentlicht: 13. März 2021

Seitenbereich: 103 - 119

DOI: https://doi.org/10.2478/slgr-2020-0050

Schlüsselwörteradministrative law, self-government constitutional principles of law, municipality self-reliance

© 2020 Agnieszka Daniluk, published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

Schlüsselwörter
administrative law, self-government constitutional principles of law, municipality self-reliance