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PL

2021-10-26

#PatoLaw: Regulation: an instruction manual for the law, not an instrument of absolute power

Synthesis:

  • For a long time, one can observe a legally disturbing phenomenon of misuse and abuse by public authorities of such legal institutions as a regulation.

  • A regulation, in its essence, is an act of executive power and serves to determine how to carry out certain actions set out in a particular law.

  • The contents of an ordinance may not go beyond statutory authorization, and may not supplement or expand a statute.

  • Due to the relatively simple mechanism of issuing regulations, they have become a convenient substitute for amending existing laws or adopting new ones.

  • This type of action by public authorities should be qualified as contrary to the principle of legalism resulting from Article 7 of the Constitution of the Republic of Poland.


Contact to the author:

Eliza Rutynowska, FOR lawyer
eliza.rutynowska@for.org.pl


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