Czerw Jarosław, Supervisory resolutions of the province governor declaring resolutions and orders of local government bodies invalid - theoretical and practical issues

In accordance with Art. 171 (1) of the Constitution of the Republic of Poland of 2 April 1997 (hereinafter: the Polish Constitution), the activity of the local self-government shall be subject to supervision in terms of legality. However, the Constitution itself and acts specifying the system of self-government do not give any definition of the supervision. The Constitutional Court in its resolution of 5 October 1994 states that by the term supervision one should understand specific procedures that give the right to establish facts as well as to correct the activity of the supervised organ to the proper authorities equipped with appropriate competence. According to Hubert Izdebski , „supervision means the statutory right to interfere into the independent activity of the supervised organ by the supervising entity”. Marcin Miemiec presents a similar point of view. He states that supervision means the competence to interfere by the proper overseeing entity into the activity of the...