Application by a Decision-making Organ of Local Government to the Constitutional Tribunal Cover Image

Wniosek organu stanowiącego jednostki samorządu terytorialnego do Trybunału Konstytucyjnego
Application by a Decision-making Organ of Local Government to the Constitutional Tribunal

Author(s): Marcin Stębelski
Subject(s): Constitutional Law
Published by: Kancelaria Sejmu
Keywords: Constitutional Court; review of norms; local governmen

Summary/Abstract: The right to initiate a review of norms conferred on organs of local government units is limited atconstitutional level primarily in relation to the scope of matters subject to such review. The properdelimitation of this power requires a reference to a wider normative context within which one cananalyze the entitlement to act of those entities mentioned in Article 191 para. 1 subpara. 3 of theConstitution. This context is partly due to the constitutionally determined position of local governmentin the system of governance. This is connected to the fact of constitutionalization of the rightsconferred on decision-making organs of local government units and the limited entitlement to actof those entities authorized to initiate a constitutional review. The third reference point is defi nedby the very purpose of review of the norms, which is pending before the Constitutional Tribunaland the specifi c interpretation of Article 191 para. 2 of the Constitution, containing a reference to„… matters relevant to the scope of activity” of the applicant.

  • Issue Year: 2014
  • Issue No: 2
  • Page Range: 21-40
  • Page Count: 20
  • Language: Polish