Rechtsschutz der kommunalen Selbstverwaltung im polnischen Rechtssystem
Legal protection of local self-government (in the Polish legal system)

Summary/Abstract: The principle of legal protection of the autonomy of local self-government units has been expressed in the European Charter of Local Self-Government (ECLS) and the European Charter of Regional Self-Government. In accordance with article 11 ECLS, entitled “Legal protection of local self-government”, local communities have the right to appeal to the courts to ensure the free exercise of powers and respect for the principles of local government, provided for in the Constitution or in domestic law. The autonomy of local government in Poland is one of the fundamental constitutional principles. It was guaranteed in the Constitution of 2nd April 1997 and in statutory provisions relating to local governments. It can be concluded that the principle of judicial self-protection of local governments is carried out as the legal possibility of these legal persons to bring an action to the appropriate court for the protection of their independence, which may be harmed both in imperium and dominium. In the sphere of public law, judicial protection of the independence of local governments is exercised by the administrative courts, which deal with the complaints of local governments concerning, for example, the acts of supervisors. In the sphere of civil law the autonomy of local governments should be protected by ordinary courts. Finally, it is possible to protect the autonomy of local government before the Constitutional Court, to which relevant requests and complaints may be made. Judicial Complaint proceedings before a court or a request to the Constitutional Court are, therefore, in the system of applicable law, such measures that help to protect the autonomy of local government units in the proceedings before the competent administrative, constitutional or common court. These complaints, requests and actions constitute legal measures of protecting self-governments, which may, if necessary, be applied against entities who violate any of the spheres of autonomy guaranteed by law.

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