The principle of subsidiarity as a determinant  of a law-making role of local government

The article concerns the regulation of the local legislation. Local government should create legislative acts with the principle of subsidiarity and decentralization. These principles – resulting from the Constitution and acts of international law – should be taken into account when structuring the adoption of the local law. Existing regulations do not fully implement these principles. Therefore, there are a few need for legislative changes that will lead to the full implementation of the principle of subsidiarity. Currently, the local government authorities have too little freedom in making local law. It is limited by the legislative authority, which acts always defines the scope of freedom. This should be changed to increase the competence of the local government, which to a greater extent will realize the needs of the local community.

Promulgation as a condition precedent  for the coming into force of normative acts

The art. 88.1 of the Constitution of the Republic of Poland states: “The condition precedent for the coming into force of statutes, regulations and enactments of local law shall be the promulgation thereof”. This rule have an important meaning to protection of citizens’ rights and is one of the fundamental idea of a democratic state of law. Promulgation is not only a technical duty, but has important element of the binding of normative acts. The author analyses different procedures dealing with promulgation of statutes, regulations and enactments of local law. He especially concentrates on promulgations of ratified international agreements and promulgation of the European Union’s normative acts.