Charakter prawny i podstawy prawne funkcjonowania gminnych komisji rozwiązywania problemów alkoholowych
Legal character and legal foundations of commune commissions for solving alcohol-related problems

Summary/Abstract: The article addresses the problematic issue of the legal nature of commune commissions for solving alcohol-related problems. The statutory regulation relating to the status of these commissions was discussed, as well as the doctrine and judicature positions expressed so far in this subject. The article aims to characterize the acts which are the basis for the functioning of the commission, as well as to define their legal nature. As part of the article, an analysis was made of acts taken by commune heads (mayors, city presidents) and commune councils, which constitute the basis for the functioning of the commission, based on examples of acts taken by specific commune authorities. The legal nature of the commission was also analyzed, referring to the concepts of internal organs of the commune council and the concept of a public administration body. As part of the conclusion, de lege ferenda conclusions were formulated based on the assessment of the current regulation contained in the Act of October 26, 1982, on Upbringing in Sobriety and Counteracting Alcoholism. There are quite large discrepancies between the individual acts of the commune authorities that affect the status and functioning of the commissions. Ultimately, the analysis of the aforementioned Act and the implementing acts issued on its basis indicates the inconsistent nature of the commission itself, as well as the actions were taken by it.

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