Rozważania wokół (nie)dopuszczalności przedłużenia kadencji organów samorządu terytorialnego

Abstract

Considerations on the (In)admissibility of Extending the Term of Office of Local Government Bodies The aim of the article is to analyze the legitimacy and legal admissibility of the adoption of the Act of 29 September 2022 on the extension of the term of office of local government units. In the act, the legislator extended the term of office of local government bodies by half a year, in order to avoid the overlapping of two election processes in 2023 (local and parliamentary elections). The paper analyzes the arguments in favor of separating the two electoral processes and those which, from the constitutional and legal point of view, contradict the legislative actions taken. In particular, the aim will be to verify whether the measure adopted by the legislator was appropriate. In order to implement the above-mentioned assumptions, the work uses the formal and legal method and analyzes the achievements of jurisprudence and doctrine. To the extent necessary, the empirical method was also used (in particular in terms of identifying threats that could result from the overlapping of local government and parliamentary elections in 2023).