Normative acts in local government units

Case study

The reforms of the state political system carried out in 1990 (creation of self-governing communes and regions) and 1999 (creation of poviats and the introduction of a basic three-stage territorial division of the state) transferred a large scope of independence to local societies. Municipal councils, poviat councils and regional assemblies gained the possibility of independently enacting local law in the form of resolutions. This, in turn, gave rise to the need for professional, i.e. in accordance with the principles of legislative technique, drafting of normative acts passed by local authorities. All normative acts must comply with the technical requirements that have been developed in the doctrine of law and written down in laws and regulations. 

Law, which is a set of rules of behavior in certain circumstances, can be divided into three main categories: natural law, customary law, and statutory law. Consistency between these categories is one of the basic features of a good, servile to people, system of law.

Natural law is the group of moral norms that are the basis of human dignity and freedom. It reflects the natural aspiration of man to truth, justice, good and beauty. It is an objectively existing part of the reality that surrounds us, just like the laws of physics. However, unlike the immutable laws of physics, moral orders and prohibitions can be broken by humans, what leads to conflicts, suffering and chaos. A formal set of fundamental norms of natural law is, among others, the Decalogue.

Customary law is a pattern of behavior established in the traditions of smaller and larger communities. It does not come from legislative bodies, but is passed down from generation to generation in the form of local customs. It is sometimes confirmed in the form of formalized legal acts. It is an intermediary between natural law and statutory law.

Statutory law is passed by authorized legislative bodies. It takes the form of laws, resolutions, ordinances and acts of local law. It should be a specification of the principles arising from natural and customary law. It is at the top of the hierarchy of the legal system built on the foundation of natural and customary law. A good system of statutory law should be consistent with natural law, complete, clear, internally consistent, stable and properly announced. 

Acts of local law are normative acts, which are sources of generally applicable law, but with a limited territorial scope. They are valid only in the area of operation of the authority that issued it. Acts of local law may be enacted by central and local government administration bodies.

Pursuant to Article 87 par. 2 of the Constitution of the Republic of Poland:

“The sources of the generally applicable law of the Republic of Poland are acts of local law in the area of operation of the authorities that established them.”

Article 94 of the Constitution of the Republic of Poland provides:

“The bodies of local government and the state government administrative bodies, on the basis of and within the limits of the authorizations contained in the Act, establish acts of local law in force in the area of operation of these bodies. The rules and procedure for issuing acts of local law shall be specified by an Act.”

Legislative bodies of local self-government – municipal councils, councils of poviats and regional assemblies constitute them in the form of resolutions. The executive acts of local law are the orders of the executive bodies on the relevant administrative levels: commune heads, mayors or presidents of cities and poviat boards (not starostes). The regional boards are not competent to issue local law acts. 

Knowledge of the principles of legislative technique is useful not only when drafting acts of local law, but also helpful in formulating various regulations of internal law, describing processes and procedures, 
and drawing up contracts.

Tomasz Domański

Pioneering structural work

I had involved myself in the activities of my local government with passion and hope. My adventure in public activity began with the organization of the first free elections to the city council in my hometown, and immediately afterwards – the creation of new, local government administrative structures. In the 1990s, I was employed as the secretary of the city, and then I had been elected to hold duties of the city councilor and poviat councilor. I also co-created from scrach the Regional Chamber of Accounts in Łódź. After that first but intensive experience in renewed public administration, I cooperated with the Municipal Development Agency in Warsaw. Among many pioneering projects, I was responsible for creating the first organizational regulations of the City Council of Aleksandrów Łódzki and the first statute of the Poviat of Zgierz.

City Council of Aleksandrów Łódzki

I created the regulations of the City Council as part of the duties of the city secretary. It was an act of local law of an organizational nature, which defined the structure and principles (procedures) of functioning of the new, local government authority. An important factor in the success of this task was a legal education, as well as knowledge in the field of management organization. 

Statute of the Zgierz Poviat

Self-governmental poviats started their activity in 1999, after the elections of 1998. I was responsible for developing the first statute of the Zgierski Poviat due to the function of the chairman of the Statutory and Legal Committee in the Zgierz Poviat Council.