Ustawowa regulacja ustroju jednostki samorządu terytorialnego w świetle zasad pomocniczości i decentralizacji władzy publicznej

Abstract

In the current legal framework in Poland, the regulation of the system of local self-government units is divided between legal acts of various hierarchical ranks. The foundations of the local self-government system are set out in the Constitution of the Republic of Poland and in binding international law, in particular in the European Charter of Local Self-Government. Standards regarding the system of local self-government units are also included in statutes and acts of local law. In recent years, there has been a tendency to expand the statutory regulation of the local self-government system, thus limiting the decision-making freedom of local and regional communities. This is a manifestation of a kind of centralization. The author of the study tries to answer the question about the limits of statutory regulation of the system of local self-government units. The basis for this is the analysis of legislation, jurisprudence and statements of representatives of the doctrine and science of law. Based on the analysis, it has been established that the provisions of the Constitution of the Republic of Poland restrict the legislator’s freedom as regards the minimum standard to be regulated by the system of local self-government units.