Abstract
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.
Highlights
The essence and guarantees of territorial self-government units’ selfreliance 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 concept of autonomy is associated with political privileges, whereas self-reliance relates to privileges in the area of the economy and finance and to economic functions (Gajl, 1993)
Citizens have the right to articulate their own interests, expectations, demands as well as to present their own ideas on how to resolve them. This is effected by organisation of municipal referenda, the municipality’s right to file a complaint against supervisory acts of the Supreme Administrative Court (SAC), the right to file a complaint with the SAC of anyone whose interests were violated by an act of local law or other resolution of a municipal authority
Summary
“Principles of law” are among the concepts that arose just after jurisprudence was born. It can be said that self-governments are self-reliant, on one hand, in terms of their right to separate the budgeting of funds originating from the state budget and from resolutions regarding taxes and fees passed by the self-government, and on the other, in terms of their right to fair trial (Oniszczuk, 2004) According to this reasoning, one can distinguish between self-reliant entities and those that do not have self-reliance. In the science of administrative and constitutional law, administration science and many other sciences, including political science, it is concordantly 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 A series of principles having a direct impact on the scope of a municipality’s self-reliance can be inferred from the Constitution
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