Journal of Modern Science (Jul 2021)

The suspension of the municipal authorities

  • Sebastian Krzysztof Bentkowski

DOI
https://doi.org/10.13166/jms/138319
Journal volume & issue
Vol. 46, no. 1
pp. 419 – 431

Abstract

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Objectives The purpose of this article is to present the legal grounds for the application by the Prime Minister of a supervisory measure in the form of suspension of commune authorities. The research hypothesis is based on the statement that supervision over local government is one of the main factors determining the legality of the operation of decentralized public authority. This supervision is aimed at verification and is limited by the principle of operation of public authorities on the basis of the law and the limits of the law. Compliance with the norms regulating the functioning of local government units is assessed as part of the supervision relations. Corrective and remedial measures are applied in case of irregularities in their activities. Malfunctioning of local government manifests not only in violation of legal norms by local government administration bodies, but also in ineffective performance of public tasks. Material and methods The descriptive method and analysis of legal provisions and court decision were used in the work. Results The research goal is confirmation that as a result of the suspension of organs, the authorities are temporarily deprived of the possibility of exercising power by the organs of local government, and the power is entrusted to the receivership. Suspension of local government bodies is classified as "extraordinary" supervision measures, because it affects the constitutionally and judicially guaranteed independence of local government activities. Conclusions The final conclusion of the study is that one of the supervision measures aimed at counteracting the ineffectiveness of the activities of local government units is the suspension of the bodies of the local government unit.

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