Legal opinion on the bill amending the Act – Law on Associations and some other acts Cover Image

Opinia prawna na temat projektu ustawy o zmianie ustawy – Prawo o stowarzyszeniach oraz niektórych innych ustaw
Legal opinion on the bill amending the Act – Law on Associations and some other acts

Author(s): Marek Szydło
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: bill; association;

Summary/Abstract: Examining the presidential bill, the author presents a number of substantive and interpretive doubts aroused by the proposed provisions. Allowing the associations’ bodies to obtain remuneration violates the legal principle according to which associations are based on unpaid work of their members and reinforces the trend of departure from the traditional model of association. Additionally, this raises doubts as to the remuneration of other members of the association. The entry into force of the proposed provisions for dissolution of a local organizational unit (with legal personality) of an association will obscure the relationship between these provisions and the general principles of dissolution of association. The author also points to the incompatibility of the proposed provisions to repeal resolutions of the association’s bodies by the court to the general provisions of civil law. In his opinion, the bill should more specifically regulate some aspects of the process of associations transitions or mergers. Further legislative work on the bill is needed.

  • Issue Year: 2015
  • Issue No: 1
  • Page Range: 130–164
  • Page Count: 35
  • Language: Polish