Zlecanie jednostkom samorządu terytorialnego zadań w świetle art. 166 ust. 2 Konstytucji – wybrane zagadnienia
- Institution: Górnośląska Wyższa Szkoła Handlowa im. Wojciecha Korfantego w Katowicach
- Year of publication: 2012
- Source: Show
- Pages: 213-234
- DOI Address: https://doi.org/10.15804/ppk.2012.02.11
- PDF: ppk/10/ppk1011.pdf
Ordering with the self-government organs of assignments in light of Article 166 item 2 of the Constitution – selected problems
In accordance with art. 166 it. 2 of the Constitution83 if it results from the justified needs of the state, an act can order the territorial government bodies to execute different public tasks. The act shall specify the manner of transmitting and manner of execution of the ordered tasks. The ordered tasks can be imposed on the territorial government bodies beyond the act also on the basis of arrangement with the government administration body or other territorial government body. Text regarding the administrative arrangement includes the attempt at defining the notion, in particular by indicating of its significant characteristics, as well as comparing the administrative arrangement with municipal understanding. Legal bases for administrative arrangement were indicated, as well as discrepant opinions on the legal character of these arrangements presented in the legal literature. The subject matter of administrative arrangement is cooperation of independent entities ordered by the law and rules, undertaken in order to realize a desirable situation. Entering into administrative arrangement shall cause voluntary resignation from specified tasks and competences by the voivode for the benefits of the specified bodies. Entrusting of tasks to the commune by the voivode should be connected with transfer of competences necessary for execution of these tasks. Doubtless benefit of administrative arrangement is the possibility of adjustment of realities of execution of specified tasks to the local needs and bringing the tasks which are the subject matter of the arrangement closer to the inhabitants, in particular those, which seem to be of local character./p>