Legislation of the Self-government of the Voivodeship Concerning the Development Policy in the Light of the Jurisdiction of the Constitutional Tribunal Cover Image

Prawodawstwo samorządu województwa w zakresie prowadzenia polityki rozwoju w świetle orzecznictwa Trybunału Konstytucyjnego
Legislation of the Self-government of the Voivodeship Concerning the Development Policy in the Light of the Jurisdiction of the Constitutional Tribunal

Author(s): Jacek Sobczak
Subject(s): Constitutional Law, Human Rights and Humanitarian Law, Government/Political systems, EU-Accession / EU-DEvelopment
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: self-government of the voivodeship; voivodeship board; region; the Constitutional Tribunal; sources of law; enactments of local law; principles of development policy; implementation system; evaluation

Summary/Abstract: According to the Constitution of the Republic of Poland, enactments of local law issued by the operation of organs shall be a source of universally binding law of the Republic of Poland in the territory of the organ issuing such enactments. In the Act on Voivodship Government the right to pass enactments of local law has been granted to provincial assembly as a constitutive organ of local government. Simultaneously, a voivodeship board has been deprived of the right to pass order regulations. In the period before the accession of Poland to the European Union a provincial assembly has had the strongest juridical position among the voivodeship authorities, but since that the situation has changed radically. On the basis of the Act of Regional Development a voivodeship board has gained wide juridical rights. The Constitutional Tribunal, during the process of the constitutional control of law, has formulated a lot of policies about legislation of a voivodeship board created on the basis of the Act of Regional Development. In the light of this jurisdiction a voivodeship board is not entitled to pass laws concerning the freedoms, rights and obligations of citizens. In addition to that, the resolutions of a voivodeship shall be of an internal character and shall bind only this organizational unit.

  • Issue Year: 25/2016
  • Issue No: 4
  • Page Range: 221-234
  • Page Count: 14
  • Language: Polish