Zawieszenie organów jednostki samorządu terytorialnego i ustanowienie zarządu komisarycznego w stanie wojennym
Year: 2024
Type: article
Abstract: The subject of the article is the analysis of legal provisions regulating the supervisory measure, which is the suspension of the bodies of a local government unit and the establishment of receivership in their place during martial law. The aim is to discuss the procedure for its application and the premises justifying supervisory interference, determining its legal nature and comparing it with similar regulations in Polish law. Considerations in this regard are preceded by comments on constitutionally defined states of emergency, including martial law, in which the title measure is optionally applicable. In the context of martial law, the procedure for its introduction was described and its legal assessment was made. The analysis also covers the principles of operation of public authorities during martial law, including the admissibility of authoritative interference in their organization and functioning, which is useful in explaining the specificity of legal regulations in the examined area. To achieve the goals of the study, the dogmatic-legal method was used. It involves the analysis and interpretation of the texts of legal acts. To the extent required, the article also takes into account administrative court jurisprudence.
Source: Przegląd Prawa Administracyjnego
Author: Jolanta Behr
Institution: University of Wrocław
Language: English
Topic: Polish Law and Legal System
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4402376064