Legal opinion on some issues regarding the functioning of a union of municipalities Cover Image

Opinia prawna na temat niektórych zagadnień związanych z funkcjonowaniem związku międzygminnego
Legal opinion on some issues regarding the functioning of a union of municipalities

Author(s): Małgorzata Szczypińska-Grabarczyk
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: municipality; union

Summary/Abstract: Basing on the facts of the case the author on the basis presents generaltheses regarding the functioning of unions of municipalities. The author underlines thatwhen it comes to a union of municipalities there is no presumption of competence. More‑over, a deprivation of one of union’s statutory tasks does not automatically result in a depri‑vation of shares in a limited-liability company formed by this union. The author also claimsthat a gratuitous disposal of shares to a unit of local government is admissible but requiresan undisputed legal title. Such a sort of disposal might be considered as an infringementof public finances discipline in case it leads to making an expense from public financeswithout a authorization requires by a budgetary act, a financial plan or when the scopeof authorization has been exceeded or when relevant provisions hasve been infringed.

  • Issue Year: 2017
  • Issue No: 54
  • Page Range: 225-232
  • Page Count: 8
  • Language: Polish
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