Czerw Jarosław, Citizens’ initiative in the process of adopting resolutions by municipal councils

According to Art. 15(1) of the Act of 8 March 1990 on the Commune Self-government , the commune council is a decisive and controlling body in the commune. Therefore, the competences of the commune council shall be divided into competences of establishing the law and controlling competences.

The commune council is a body of a general competence – all the issues in the area of the commune activity, which are not reserved by law to other organs, are the tasks of the commune council (Art. 18(1) of the Act on Commune Self-government). According to the judgement of the Supreme Administrative Court in Warszawa of 7 December 2009 „the competence of the commune council (...) «in all matters remaining within the scope of the activity of the commune» (Art. 18(1) of the Act on Commune Self-government) shall be understood, as set forth in Art. 15(1) of the Act on Commune Self-government, as the activity of establishing the local law and the controlling activity. It does not exclude non-imperious...