Studia Iuridica Lublinensia (Dec 2020)

Change of Composition of Voivodeship Board as a Result of Changing Its Statute in the Context of Keeping Principles of Polish Structural Administrative Law

  • Jarosław Czerw,
  • Piotr Świerczyński

DOI
https://doi.org/10.17951/sil.2020.29.5.41-63
Journal volume & issue
Vol. 29, no. 5
pp. 41 – 63

Abstract

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This article presents the issues of changing the composition of the voivodeship board in the Republic of Poland as a result of the change in the voivodeship statute. As part of the legal analysis of the institution in question, the authors paid special attention to practical issues and nodal problems that may be encountered when interpreting the provisions of the Act of 5 June 1998 on Voivodeship Self-Government. The issues raised refer to the actual state of affairs in the Sejmik of the Świętokrzyskie Voivodeship. The article is of a scientific and research nature. The authors put forward three hypotheses and attempted to prove them in the framework of the conducted analysis. Firstly, a change in the composition of the voivodeship board as a result of the change in the voivodeship statute is possible in the light of the principles of the Polish systemic administrative law without the need to dismiss the entire voivodeship board. Secondly, in a situation where the resolution amending the articles of association did not include any adjusting provisions, it is necessary to adjust the make-up of the management board to the requirements of the amended articles as soon as possible. Thirdly, the solution according to which the dismissal or acceptance of a resignation of a board member by the voivodeship parliament and the election of a deputy marshal in his place within one resolution should be rejected. The results of the research carried out in the course of the analysis are original and innovative, as such studies have not been conducted so far. As a result, this article is a valuable source of knowledge for representatives of science and practice.

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