Ocena zgodności z Konstytucją RP przepisów ustawy o samorządzie gminnym dotyczących wydawania przepisów porządkowych

Assessment of the compliance with the Constitution RP of the provisions of the Act on Communal Self-government regarding the issuance of provisions for the maintenance of order

• Polish
• English

In the Sejm’s position on the Leszno City Council’s motion, it has been stated that article 40 para. 3 3 of the Act on Communal Self-government is consistent with the Constitution to the extent in which it allows the issuance of provisions for the maintenance of order only within the scope not regulated in separate acts or other generally binding regulations. The City Council filed the motion in connection with doubts as to whether it is permissible to establish by the council of the commune, by means of issuing provisions for the maintenance of order, a ban on selling psychoactive substances known as boosters. In the Sejm’s opinion, the matter covered by these provisions for the maintenance of order has been regulated by separate acts of law and therefore it is not possible to regulate this matter differently by local law.