Abstract
Abstract This article presents crucial problems of enacting and interpretation of local law. According to the Constitution acts of local law are the source of universally binding law in the territory of the organ issuing such enactments. Enacting of local law by the local self-government is the exercise of its law- making function, derived from statutory authorization. Law-making of the local self-government does not have an autonomous character in regard to legal acts. Enacting of local law by local self-government is its duty. The interpretation of the law enacted by the local self-government has its own specifics. Law which is legislated in such way is likely to be corresponding with the expectations of the local community
Highlights
Constant changes of law, inconsistency of legal regulations and defective legislation techniques are the main challenges for the recipients of law
We can state that problems of interpretation of law can be derived in large part from defective legislation
Enactment of local law differs from the normative act of the internal management considering the fact, that the first resolves, in a commanding manner the rights, and responsibilities of entities not bound by the relation of subordination to organs of local self-government community, while the second defines the duties and responsibilities of individuals and units remaining in relation of organizational or official subordination to each other
Summary
Inconsistency of legal regulations and defective legislation techniques are the main challenges for the recipients of law. Enactment of local law differs from the normative act of the internal management considering the fact, that the first resolves, in a commanding manner the rights, and responsibilities of entities not bound by the relation of subordination to organs of local self-government community, while the second defines the duties and responsibilities of individuals and units remaining in relation of organizational or official subordination to each other. (wyrok Naczelnego Sądu Administracyjnego z dnia 30 sierpnia 2000, I SA 721/00) This means that not every ruling of the legislative organ of the local self-government unit carries the attribute of the enactment of local law. The norms specified in the enactments of the local law may be the ground, or one of many grounds for the issue of administrative decision With regard to the authorization to issue enactments of local law, according to constitutional regulation, contents of enactments of local law do not require guidelines (Bogusz, 2008, p. 14–15)
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