Act Of 5 June 1998 On The Local Government Of

Original Language Title: USTAWA z dnia 5 czerwca 1998 r. o samorządzie województwa

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Chapter 1 General provisions Article. 1. [a regional community self-government] 1. Residents of the form under the laws of a regional self-governing community.

2. Whenever by this Act is referred to the administrative or local government, should be understood regional self-governing community and the relevant territory.

Article. 2. [the scope of self-government] 1. Local government bodies of work on the basis and within the limits set by law.

2. the scope of self-government should be performing public service tasks of a regional, non-proprietary laws in favor of the Government.

Article. 3. [the complex self-government] self-government in the administrative complex is in one Office and one supervisor.

Article. 4. [the independence County and municipality] 1. The scope of self-government shall not affect the independence of the County and municipalities.

2. the authorities of self-government are not to the County and the municipalities of the supervisory authorities or control, and are not a higher degree of authorities in administrative proceedings.

Article. 5. [Voting common inhabitants] 1. Residents of the province shall take the decision in the popular vote (by way of election and referendum) or through the bodies of self-government.

2. (repealed).

3. (repealed).

4. (repealed).

5. the principles and mode of carrying out the referendum specifies a separate Act.

Article. 6. [provincial government] 1. Provincial Government: 1) executes the specified public acts in his own name and on its own responsibility;

2) has the property of the province;

3) leads the financial economy yourself based on your budget.

2. the State shall have legal personality.

3. Independence of the province is protected.

Article. 7. [of the Statute] 1. Of the system as a unit of local Government determines the Statute of adopted after consultation with the President of the Council of Ministers.

2. the statutes and its amendments shall be subject to the notice in the provincial Gazette.

Article. 8. the [Task of] 1. In order to perform the tasks of State creates a regional local government agencies, and may contract with other parties.

2. can contain other functionality and the local units of local government in the area of agreement on entrusting the conduct of public tasks.

3. Agreements shall apply mutatis mutandis the provisions of the Act of 8 March 1990 on municipal self-government (Journal of laws of 2013.594).

4. The agreement referred to in paragraph 1. 2, shall be subject to the notice in the provincial Gazette.

Article. 8A. [the provision of mutual assistance] Of may each other or other local government units to provide assistance, including financial assistance.

Article. 8B. [Create associations by province] 1. The province can create associations, including the municipalities and counties.

2. for associations, referred to in paragraph 1. 1, shall apply mutatis mutandis the provisions of the Act of 7 April 1989, law on associations (Journal of laws of 2001 No. 79 item 855, as amended), except that for the founding of the Association required is at least 3.

Article. 9. [local acts] the provincial government, on the basis of the mandates laid down by law, is the local legislation in force in the province.

Article. 10. [the seat of local government authorities of] a separate Act determines the seat of local government authorities of the State.

Article. 10A. [Consultation with residents of] 1. In the cases provided for by law and in other matters important for the State may be carried out on its territory consultation with residents of the province.

2. the principles and mode of consultation with residents of the province determines the resolution of the Dolnośląskie Provincial Assembly.



Chapter 2 business Article. 11. [strategy] 1. The provincial government sets out a strategy for the development of the province, including, in particular, the following objectives: 1) nurture Polishness and the development and evolution of national consciousness, civic and cultural residents, as well as to nurture and develop local identity;

2) stimulate economic activity;

3) raising the level of competitiveness and innovation of the economy;

4) behavior of the cultural and natural environment values taking into account the needs of future generations;

5) the evolution and maintenance of urban governance.

1a. (repealed).

1B. In the strategy for the development of a niewykraczający period beyond the period covered by the current medium-term development strategy of the country.

1 c. Development strategy of contains: 1) diagnosis of the socio-economic situation of the province;

2) specify the strategic objectives of the development policy;

3) specifying the courses of action to be taken by the provincial government for the achievement of the strategic objectives of the development policy;

4) (repealed);

5) (repealed).

1 d of the development strategy of the medium-term objectives take into account. strategy for the development of the country, the national regional development strategy, appropriate strategies regional, as well as the goals and directions of the spatial concept development of the country.

1E. [1] the development strategy of the province can be updated at any time, if required by the socio-economic situation or in space. To update the shall apply mutatis mutandis to paragraph 1. 1-1da, art. 12 and art. 12A and article. 6, art. 6a. 10A and article. 13 of the Act of 6 December 2006 on the basis of policy development.

2. The provincial Government pursues a policy of development, which consists of: 1) create conditions for economic development, including the creation of the labour market;

2) maintenance and expansion of the social and technical infrastructure of the importance of regional;

3) acquisition and combining financial resources: public and private, in order to carry out tasks of general interest;

4) supporting and carrying out activities for the benefit of raising the level of education of citizens;

5) rational use of the resources of the nature and evolution of the environment, in accordance with the principle of sustainable development;

6) supporting the development of science and the cooperation between the sphere of science and economy, promoting technological progress and innovation;

7) supporting the development of culture and the care of the cultural heritage and its rational use;

8) promotion of values and development opportunities of the province;

9) support and activities for social integration and the prevention of social exclusion.

3. the strategy of the development is carried out by development programmes, regional operational programme, implementing the partnership agreement and the contract, referred to in the Act of 6 December 2006 on the basis of policy development.

4. The provincial government, on its own initiative or at the request of the local government, municipal or District Government, there might be funding the implementation of development programmes, regional operational programme and the programme for the implementation of the partnership agreement in the field of cohesion policy, drawn up by the Board of, the State budget and from the European Union budget and other funds from foreign sources, as specified in separate regulations.

5. Tasks related to regional development in the area of the province belongs to the local government. Rules on the financing of regional development and sources of income of the province in this field shall specify the separate Act.

Article. 12. [actors of cooperation] 1. The provincial government, in the formulation of development strategies and the implementation of development policy, in particular: 1) the local units of local government in the area of the province and with the economic and professional self-government;

2) Government, especially with the voivode;

3) other functionality;

4) non-governmental organizations and entities referred to in article 5. 3 paragraphs 1 and 2. 3 of the Act of 24 April 2003 on the activities of public benefit and voluntary service (Journal of laws of 2010 # 234, poz. 1536, as amended);

5) universities and research institutes;

6) (repealed).

2. in carrying out the tasks referred to in paragraph 1. 1, the provincial government can also cooperate with international organisations and the regions of other countries, especially neighbouring countries.

Article. 12A. [the House of] 1. Of the House sets the rules, and the schedule of the development strategy, taking into account in particular: 1) the task of the Government in determining the development strategy of the province;

2) mode and principles of cooperation with the entities referred to in article 5. 12.2. Resolution of the Assembly concerning the matters referred to in paragraph 1. 1 is subject to publication in the provincial Gazette.

Article. 13. [Company, joint stock companies and cooperatives] 1. In the sphere of general interest State can create a limited liability company, joint stock companies or cooperatives, and may proceed to such companies or cooperatives.


2. Outside the sphere of interest State can create limited liability companies and joint stock companies and join them, if the activity of the company is carrying out promotional activities, educational publishing, and in carrying out the activities of telecommunications for the development of the province.

Article. 14. [tasks of the provincial] 1. The provincial Government performs the tasks of regional specific laws, in particular with regard to: 1) of public education, including higher education;

2) the promotion and protection of health;

3) culture and the preservation of historical monuments and the care of monuments;

4) social assistance;

4A), foster families and foster care system;

5) Pro-family policy;

6) the modernization of the countryside;

7) land-use planning;

8) environmental protection;

9) water management, including flood protection, and in particular the equipment and maintenance of the provincial flood stores;

10) public transport and public roads;

11) physical culture and tourism;

12) protection of consumers ' rights;

13) defence;

14) public security;

15) the prevention of unemployment and activation of the local labour market;

15A) activities in the field of telecommunications;

16) the protection of workers ' claims in the event of the insolvency of their employer.

2. The law may provide for matters belonging to the scope of as government tasks, performed by the Board of.

3. The law may impose on the State the obligation to carry out the tasks from the scope of the Organization, preparation and conduct of general elections and referendums.



Chapter 3 local Government Authorities of the Article. 15. [the authorities of] bodies of self-government are: 1) the Regional Council of the province;

2) Board of.

Article. 15A. [disclosure of activities of bodies] 1. The activities of the bodies is public. Restrictions on disclosure may result solely from the set.

2. Transparency of the authorities shall include in particular the right of citizens to obtain information, access to the sessions of the Assembly and meetings of the Commission, as well as access to documents arising from the exercise of public tasks, including minutes of meetings of the authorities and the Commission of the Dolnośląskie Provincial Assembly.

3. the rules on access to documents and use them determines the statutes of the province.

Article. 16. [the House of] 1. David Icke is regulatory authority and control of the province.

2. the term of Office of the Dolnośląskie Provincial Assembly lasts 4 years, counting from the date of the election.

3. In the composition of the Dolnośląskie Provincial Assembly composed of Councillors elected in direct elections in the number thirty in the provinces up to 2 000 000 inhabitants and three councillors for each subsequent started 500 000 inhabitants.

4. the principles and methods of the elections to the Regional Council of specifies a separate Act.

Article. 17. [Reference Regional Council before the expiry of the term of Office] on the appeal of the Assembly before the end of the term of Office shall be settled exclusively by the provincial referendum.

Article. 18. [Exclusive property of the Regional Council] to the exclusive property of the Dolnośląskie Provincial Assembly: 1) Regulation of the local legislation, in particular: (a)) of the Statute of the province, (b)) of property management at the regional, c) rules and the use of provincial facilities of general interest;

2) to adopt the development strategy of the province;

3) adoption of spatial plan;

4) make resolutions on the work on the project mode the resolution of the budget;

5) take the resolution on the layout of the budget of the Executive detail, with the proviso that this detail may not be less than that specified in separate regulations;

6) adoption of the budget;

7) specify the rules for the provision of grants and symptoms from the budget of the State;

8) (repealed);

9) examination of the reports of the implementation of the budget, financial statements and the reports of the implementation of the multiannual guidance programmes;

10) take the resolution on granting or withholding discharge to the Management Board of the province in respect of the implementation of the budget;

11) to adopt, within the limits of the regulations, the provisions relating to taxes and fees;

12) passing resolutions on entrusting local Government of other units of local government;

13) to adopt the "Priorities of international cooperation";

14) adoption of resolutions concerning the participation in international regional associations and other forms of regional cooperation;

15) choice and reference of the Board of Directors and wage-Marshal;

16) examination of the reports of the Board of the province, including, in particular, of the financial activities and implementation of the programmes referred to in paragraph 2;

17) appointment and dismissal, at the request of the Marshal, Treasurer of the province, which is the main accountant of the budget;

18) adoption of resolutions on the creation of associations and foundations and to solve them, as well as access to them or with them;

19) passing resolutions in matters of: and) acquire, dispose of and burden on real estate and lease or rent on time for more than 3 years, or for an indefinite period, unless a special Act provides otherwise; resolution of the Dolnośląskie Provincial Assembly is required also in the case when a contract concluded for a fixed term for 3 years pages contain further agreement, whose subject is the same property; to time determine the Board may make such activities only with the agreement of the Dolnośląskie Provincial Assembly, b) emit a bond and specify rules for their disposal, acquisition and redemption, c) borrowing long-term loans and credits, d) for determining the maximum amount of loans and borrowings short-term borrowing by Board of and a maximum amount of loans and guarantees granted by the Board of the financial year, e) creation of commercial companies or cooperatives and access to them and determining the rules contribute as well as conferring, the acquisition and disposal of shares and share, f) create, transform, and the provincial government organizational units and equip them in such property;

19a) adoption of resolutions on the principles for the award of scholarships for pupils and students;

20) passing resolutions in other cases proprietary laws and statutes of the competence of the Dolnośląskie Provincial Assembly;

21) to adopt provisions relating to the internal organisation and operation of the Government.

Article. 19. [resolutions of the Regional Council] 1. The resolution of the Dolnośląskie Provincial Assembly passed by a simple majority of the votes, in the presence of at least half of the statutory Assembly of warehouse, open vote or explicitly registered, unless the law provides otherwise.

2. (repealed).

3. The rejection in a vote of the resolution giving discharge is tantamount to the adoption of a resolution to award a discharge.

Article. 20. [Chairman and Vice-Chairman of the Regional Council] 1. The House of the elect from their ranks a Chairman and not more than 3 Vice-Presidents, an absolute majority of votes in the presence of at least half of the statutory composition of the Regional Council, by secret ballot.

2. the President and Vice-President of the Regional Council of the province may not form part of the Board of Directors of the province.

3. the task of the President of the Regional Council of the only organized the Regional Council and the deliberations of the Regional Council. The President may designate a Vice-President to perform their tasks. In the absence of the Chairman and Vice-Chairman, if the task President performs the oldest Vice-President.

4. the appeal of the Chair and Vice-Chairs of the Dolnośląskie Provincial Assembly takes place at the request of at least 1/4 of the legal composition of the Dolnośląskie Provincial Assembly, as specified in paragraph 1. 1.5. In the event of resignation of the President or Vice-President, Regional Council of the province take a resolution on the acceptance of the resignation, no later than within 1 month from the date of cancellation.

6. Failure of the resolution referred to in paragraph 1. 5, within 1 month from the date of resignation by the President or Vice-President is tantamount to accepting the resignation by the House of over on the last day of the month in which the resolution should be taken.

7. In case of cancellation or acceptance of the resignation of the President and Vice-Presidents, and you have not selected in their place people to perform these functions within 30 days from the date of acceptance of the resignation or from the date of reference, Dolnośląskie Provincial Assembly session for the election of the President, shall be convened by the Governor. The session shall be convened on a date within 7 days after the expiry of the deadline referred to in the first sentence.

8. The session of the Assembly, referred to in paragraph 1. 7, until the election of the President carries the eldest Councillor present at the session, which has agreed to conduct the session.

Article. 21. [the regional Sessions] 1. The House of the province shall conduct its deliberations on the sessions convened by the President of the Regional Council where necessary, not less frequently than once a quarter. To notice of the convening of the session shall be accompanied by the agenda together with the draft resolutions.


2. Regional Council of may amend the agenda by an absolute majority of the legal composition of the Regional Council.

3. the first session of the newly elected Regional Council of the province shall be convened by the Electoral Commissioner competent in carrying out acts of ogólnowojewódzkim to date within 7 days after the announcement of the aggregate results of the election to the Councils in the area of the country.

4. (repealed).

5. in the case of early elections, the first session shall be convened by the person that the Prime Minister has appointed to act as the bodies of the units of local government. The provision of paragraph 1. 3 shall apply mutatis mutandis.

6. the first session of the newly elected Regional Council of until the election of the President of the Regional Council leads eldest Councillor present at the session.

7. At the request of at least 1/4 of the legal composition of the Regional Council of the President of the Regional Council is obliged to convene the session on the date within 7 days from the date of submission of the application. The request for convening the session should meet the requirements set out in paragraph 1. 1.8. To change the agenda of the session convened as specified in paragraph 1. 7 apply the provision of paragraph 1. 2, except that in addition the applicant's consent is required.

9. At the request of the Marshal of the President of the Regional Council is obliged to make to the agenda of the nearest regional Council session a draft resolution, if the applicant is a Board of, and the project entered the Regional Council at least 7 days before the date of commencement of the session of the Regional Council.

Article. 22. [Oath Councilor] 1. Cllr before taking up his mandate consists of the oath: "I swear that I will Solemnly fairly and conscientiously perform the duties to Polish Nation, guard the sovereignty and interests of the State Polish, do everything for the prosperity of the motherland, the community of local government and citizens, respect the Constitution and other laws of the Republic of Poland".

The oath can be complex with the addition of the sentence "so help me God".

2. (repealed).

3. at the first session of the Assembly was absent Councillor and Councillor, he was elected for the duration of the term, consists of the oath at the first session, on which it is present.

Article. 23. [the mandate of Councilor] 1. The councilman is obliged to be guided by good local government community. Cllr maintains a constant relationship with the inhabitants and their organisations, and in particular takes reported by residents of the requests and submit them to the authorities of the province for consideration, however, it is not bound by the instructions of the voters.

2. In connection with the performance of the mandate of Councilor uses legal protection for public officials. This provision shall also apply to persons entering in the composition of the Management Board of non-elected representatives.

3. the Councillor is obliged to take part in the work of the Government and the provincial government organizational units, to which he was elected or appointed.

4. The mandate of the Council cannot be combined with: 1) the mandate of a Deputy or Senator;

2) the exercise of the functions of the Governor or the Vice-Governor;

3) membership in the authority of other government entities.

Article. 24. [Rules regulating the mandate of Councilor] 1. Councillor may not fall within the civil law relations in matters of State or provincial and regional organizational units, with the exception of legal relations arising from the use of commonly available services on the terms and conditions and the relationship of lease of premises for their own purposes of housing or their own business and the lease, as well as other legal forms of use of the property, if the rental, lease or use are based on conditions laid down generally for the type of legal action.

2. Councilor may not take part in the vote on the matters referred to in paragraph 1. 1 where it affects his legal interest.

3. Radnemu have diet and reimbursement of travel expenses.

4. (repealed).

5. Subsistence rights radnemu not exceed within a month, including more than 1,5 times the base amount specified in the budget law for those involved in managerial positions of the State on the basis of the provisions of the Act of 23 December 1999 on the formation of wages in the State budgetary sphere and on amendments to certain laws (Journal of laws of 2011 No. 79, item 431 and # 291, 1707 and from 2012 item 1456).

6. Regional State in determining the amount of the allowances Councillors shall take into account the functions performed by the Council.

7. diet is not entitled to radnemu designated for consideration in the Administrative Board Member, in which he was elected.

8. the competent Minister of the public administration shall determine, by regulation, the method of determining the claims arising from the reimbursement of business travel councilors, having regard to the desirability of the reimbursement of expenditure actually incurred related to the implementation of the mandate and to facilitate making payments.

Article. 25. [incompatibility function] 1. The Councilor could not be contacted the employment relationship in the Marshal's Office in this province, where he was elected Councillor. This provision does not apply to Councilors elected to the Board of the province, with which the employment relationship is established on the basis of the selection.

2. Councilor not can be used as a function of the head of the regional organizational unit and his Deputy.

3. The establishment by the Council, referred to in paragraph 1. 1 and 2, is tantamount to a waiver of the mandate.

4. the Management Board of the province or Marshal may not entrust radnemu province, where he was elected Councillor, performing work on the basis of the civil contract.

Article. 26. [Leave free] 1. The councilman, who before the mandate remained in employment at the Office of the Marshal or was employed as a manager of the provincial local government organizational unit in the province, in which he was elected, is obliged to apply for unpaid leave within 7 days from the date of the announcement of the election results by the competent electoral authority, before the vows, as referred to in article. 22 paragraph 1. 1.2. Councilman, referred to in paragraph 1. 1, an unpaid leave for term and 3 months after its expiry.

3. the Councillor has an unpaid leave regardless of the type and duration of the employment relationship. Employment for a specified period, which ustałby before the end of the leave, shall be extended to 3 months after the end of the leave.

4. in the case of Councilor employed as a manager of the provincial local government organizational unit acquired or created by the State in the period referred to in paragraph 1. 1, is 6 months from the date of acquisition or creation of this unit.

5. Failure to submit, by the councilor of the application referred to in paragraph. 1, is tantamount to a waiver of the mandate.

6. After the expiry of the mandate of the Council in paragraph 1. 2, Marshal or the provincial local government organizational unit restores the Council to work on the same or an equivalent job, salaries corresponding to the remuneration which he would have received if they had not, Councillor used the leave without pay. The councilman is obliged to report the readiness of accession to work within 7 days from the date of expiry of the mandate.

Article. 27. [Solution with a Councillor of employment] 1. The employer is obliged to release the Councilor from work in order to allow the radnemu to participate in the work of the Dolnośląskie Provincial Assembly and its Commission and the Board of Directors of the province.

2. termination of a Councillor of employment requires the prior consent of the Dolnośląskie Provincial Assembly, which the Councillor is a member. Of the House refuses to consent to the termination of employment of a Councillor, if the Foundation of your solution that relationship events are associated with the performance of the mandate by the Council.

Article. 27. [prohibition of taking extra classes] 1. Councillors may not take extra classes or receive donations which may undermine the confidence of voters to the exercise of a mandate in accordance with article 5. 22 paragraph 1. 1.2. Councillors may not invoke its mandate therefore undertaken additional activities or a business carried on for its own account or with others.

Article. 27B. [prohibition on doing business or deal with specific jobs] 1. Councillors may not conduct business on their own account or jointly with other persons using the property of the province, where he was elected Councillor, as well as manage such activities or be representative or representative in the conduct of such activities.

2. If, before the exercise of his Office, he led the economic activities referred to in paragraph 1. 1, is obliged to stop doing this business within 3 months from the date of submission of the vows. Failure to comply with the obligation referred to in the first sentence, is the basis for revocation of the mandate of the Council pursuant to art. 383 Act dated 5 January 2011 – Electoral Code (Journal of laws No. 21, item 112, as amended).


3. the Councillors and their spouses, and spouses of Board members, treasurers, Secretaries, heads of provincial government organizational units and managers and members of the management boards of the State, legal persons cannot be members of the management or inspection and control authorities or representatives of commercial companies with the participation of the provincial legal entities or entrepreneurs, involving such persons. The selection or appointment of such persons for these functions are by law void.

4. If the selection or appointment referred to in paragraph 1. 3, occurred before the start of the execution of the mandate of the Council or on the choice of a member of the Board of Directors of, or prior to employment as Secretary of the appointment to the position of Treasurer of the province, head of the provincial local government organizational unit and a Manager and a member of the governing body then take a legal person, the persons referred to in paragraph 1. 3, are obliged to renounce the position or function within 3 months from the date of submission of the vows by the Council or from the choice of employment or appointment to the position. In the event of niezrzeczenia to the position or functions of the person referred to in paragraph 1. 3, loses them by law, after the expiry of the deadline referred to in the first sentence.

5. the Councillors may not be of greater than 10% of the shares in commercial companies with the participation of the provincial legal entities or entrepreneurs, involving such persons. Shares or stocks in excess of this package should be disposed of by the Council prior to the first session of the Assembly and, if they do not niezbycia they participate by term and 2 years after its expiry in the exercise of their rights (the right to vote, the right to a dividend, the right to property Division, pre-emptive rights).

Article. 27 c [a statement of financial disclosure] 1. Councillor, Member of the Board of Directors, the Treasurer of the province, Secretary of the province, head of the provincial local government organizational unit, the Manager and a member of the governing body then take the legal person and the person issuing administrative decisions on behalf of the Marshal of the are required to make a statement about your financial status, hereinafter referred to as the "financial statement". Declaration of financial interests concerns their property separate and marital assets wspólnością assets. Declaration of financial interests includes information about: 1) cash resources, real estate, shares and shares in commercial companies and the acquisition of State, other State legal persons, local government units, their unions or from municipal legal person property which is subject to sale by tender, as well as information about doing business and taking up positions in commercial companies;

2) income derives from employment or any other activity or activities, with the sums obtained from each title;

3) property moving above 10 000 EUR;

4) cash commitments with a value in excess of 10 000 Gold, including contracted loans and advances and conditions on which they are granted.

2. The person making the Declaration of financial interests determines in the membership of the individual assets, income and liabilities to assets separate and marital assets wspólnością assets.

3. the Declaration of financial interests, together with a copy of his testimony about the amount of income earned in the tax year (PIT) for the previous year and its correction shall submit in duplicate: 1) Councillor-the President of the Regional Council of the province;

2) Marshal, President of the Regional Council of-the Palatine;

3) Deputy Speaker of, Member of the Board, the Secretary of State, Treasurer of State, head of the provincial local government organizational unit, the Manager and a member of the governing body then take the legal person and the person issuing administrative decisions in the name of Marshal of-was.

4. Councillor consists of the first declaration of financial interests within 30 days from the date of submission of the vows. To the first declaration Councilman shall include information about the way and time to cease doing business with the use of the property in which he was elected, if such activities ran before selection. Subsequent declarations shall be submitted by the Council before 30 April each year, as at 31 December of the previous year, and for 2 months before the expiry of the term of Office.

5. Member of the Board of Directors, the Treasurer of the province, Secretary of the province, head of the provincial local government organizational unit, the Manager and a member of the governing body then take the legal person and the person issuing administrative decisions on behalf of the Marshal of the make the first declaration of financial interests within 30 days from the date of the election or appointment to the position of either from employment under a contract of employment. To the first declaration of the Board Member, Treasurer, Secretary, head of the provincial local government organizational unit, the Manager and a member of the governing body then take the legal person and the person issuing administrative decisions on behalf of the Marshal of the are required to include information about the way and time cease doing business, if you ran it before the selection, appointment or employment. Subsequent declarations shall be submitted by 30 April each year, as at 31 December of the previous year, and on appeal from Office or termination of employment.

5a. [2] If the time limits referred to in paragraph 1. 4 or 5 are not met, respectively, the President of the Regional Council of the province, or Marshal within 14 days from the date of the finding of compliance with the time limit calls on the person who made statements to the Assembly without delay by appointing an additional term expires 14 days after. This term shall be counted from the day the effective delivery of the summons.

6. Analysis of the data contained in the financial statement shall people, the Declaration of financial interests. People, the Declaration of financial interests, shall provide a copy to the competent tax authority because of the place of residence of the person submitting the Declaration of financial interests. Declaration of financial interests be kept for 6 years.

7. Analysis of the data contained in the financial statement shall also tax Office competent for the place of residence of the person submitting the Declaration of financial interests. By analyzing the Declaration of financial interests, the tax office also takes into account the testimony about the amount of income earned in the tax year (PIT) spouse of person making the statement.

8. the carrying out the analysis referred to in paragraph 1. 6 and 7, is entitled to compare the content of the present Declaration and the annexed copy of the testimony about the amount of income earned in the tax year (PIT) with the content of the previously complex claims and attached to them copies of the evidence about the amount of income earned in the tax year (PIT).

9. In case of suspicion that the person making the Declaration of financial interests reported in the untruths or concealed the truth, the entity carrying out the analysis of the statements to the Director of the Office of tax inspection the competent according to the place of residence of the person submitting the statement of claim for control of its Declaration.

10. In case of refusal to initiate the control declaration to the company which submitted the request in this case, may be appealed to the General Inspector of tax inspection.

11. To conduct on the control declaration shall apply mutatis mutandis the provisions of the law of 28 September 1991 on the control of stamp duty (OJ of 2011 # 41, item 214, as amended) concerning the control of the property claims of people employed or serving in units subordinate to the Minister competent for the public finances.

12. Entity carrying out analysis of property claims by 30 October each year, presents sejmikowi of information about: 1) people who have not submitted declaration or made them after the deadline;

2) irregularities identified in the financial statements along with their description and an indication of the people who have made incorrect statements;

3) actions taken in connection with irregularities in the financial statements.

13. the President of the Council of Ministers shall determine, by regulation, the Declaration form and declaration form Council Board Member, Treasurer, Secretary of State, the head of the provincial local government organizational unit manager and a member of the governing body then take the legal person and the person issuing administrative decisions on behalf of the Marshal, having regard to the prohibitions referred to in relation to those people in the provisions of the Act of 21 August 1997 on reducing economic activities by persons with public functions (Journal of laws of 2006. # 216, item. 1584, as amended. d.).


Article. 27 d [Publicity claims to property] 1. The information contained in the financial statement are confidential, with the exception of the information about the address you claim and where real estate.

2. the Governor and the President of the Dolnośląskie Provincial Assembly shall provide copies of financial statements was that the application has been submitted.

3. Confidential information contained in the financial statements shall be made available in the Bulletin of public information referred to in the Act of 6 September 2001 on access to public information (Journal of laws No. 112, item 1198, as amended).

Article. 27E. [3] (repealed).

Article. 27F. [effects of submission of Declaration] 1. [4] the failure to submit the Declaration, despite the passage of an additional time limit referred to in article 1. 27 c paragraph. 5A by: 1) Councillor-terminates the mandate pursuant to art. 190 of the Act, referred to in article 1. 27B paragraph. 2;

2) member of the Board of Directors, the Treasurer of the province, Secretary of the province, head of the provincial local government organizational unit, the person who manages and member of the governing body then take the legal person and the person issuing administrative decisions in the name of Marshal of – you will lose their salary for the period from the date on which it should be made a statement, to make a statement.

2. (5) If a member of the Board of Directors of or Treasurer, do not submit within the Declaration, Regional Council of the references, by resolution, at the latest after 30 days from the date on which the period to make a statement.

3. If the Secretary of State, head of the provincial local government organizational unit, the Manager and a member of the governing body then take the legal person and the person issuing administrative decisions in the name of Marshal of does not make a declaration within the time limit, the competent authority of their references or resolves an employment contract with them at the latest after 30 days from the date on which the period to make a statement.

4. Cancellation and termination of the employment contract as specified in paragraph 1. 2 and 3 is equivalent to termination of contract of employment without notice pursuant to art. 52 § 1 paragraph 1 of the labour code.

Article. 27 g [Enter untruths or concealment of the truth in a financial disclosure statement] [6] to provide the untruths or concealment of the truth in a financial disclosure statement, causing the liability based on art. 233 § 1 of the criminal code.

Article. [GMT + 2] [the prohibition of taking interest after the function] 1. Member of the Board of Directors, the Treasurer of the province, Secretary of the province, head of the provincial local government organizational unit, the Manager and a member of the governing body then take the legal person and the person issuing administrative decisions on behalf of the Marshal in the performance of a function or the duration of employment and for a period of 3 years after the end of the function or the termination of employment may not adopt any provision on the nature of the property, free of charge or in return for payment, at a rate lower than its actual value from the entity or entity dependent from the If, by taking part in the release of the settlement of individual cases relating to it have a direct impact on its contents.

2. A subsidiary within the meaning of paragraph 1. 1 is the entity in which: 1) the trader has directly or indirectly the majority of the votes in his organ, also on the basis of agreements with other partners and shareholders;

2) the entrepreneur is entitled to appoint or remove a majority of the members of the management boards of the subsidiary;

3) more than half of the members of the Executive Board of the entrepreneur is at the same time, members of the Board of directors or persons performing managerial functions in left with the trader in relation.

3. The prohibition referred to in paragraph 1. 1, does not apply to the acquisition of the item or service available through a public offer, and does not apply to items normally used for advertising and promotional purposes, and awards in competitions for artistic activity.

Article. 28. [task Committees] 1. The House of the province may establish with its permanent and ad hoc committees to perform specific tasks.

2. the statutes of the province shall state the subject matter of the action, the scope of the tasks, the rules on the composition, internal organisation and mode of operation of the Commission appointed by the House of the province.

Article. 29. [Clubs councilors] Councillors can create clubs elected representatives acting on the principles laid down in the Statute of the province.

Article. 30. [Control the activities of the Board of Directors and local government units] 1. The House of the controls the activities of the Board of Directors of provincial and local government organizational units. To this end, appoints a NPT review.

2. the Audit Committee includes councillors, including representatives of all clubs. Membership of the Audit Committee may not be combined with the functionality of the Marshal, the President and Vice-Presidents of the Assembly and the councilors who are members of the Board of Directors of the province.

3. Audit Committee delivers an opinion on the implementation of the budget and makes a request to the Dolnośląskie Provincial Assembly decisionon the discharge of the Management Board do not or. The proposal is subject to a favourable opinion from the Regional Chamber of audit.

Article. 31. the [Board of] 1. Board of is the executive body of the province.

2. the Management Board, with 5 people, marshal as its Chairman, Deputy Speaker or 2 Vice-marshals Secretary and the other members.

2A. A member of the Board of the State cannot be a person who is not a citizen of Polish.

3. the Membership of the Board cannot be combined with membership in the authority of other government entities, and to employment in the Government, and also with the mandate of Deputy and Senator. Loss of membership on the Board of the following on the selection or employment.

4. Resolutions of the Management Board of the province are taken by a simple majority of the votes in the presence of at least half of the statutory Board composition in open voting, unless the law provides otherwise.

5. in the case of an equal number of votes are resolved by the voice of the Marshal.

Article. 32. [the Regional Authorities and the Board of Directors of] 1. Of the House selects Board of, including Marshal of and not more than 2 Vice-marshals Secretary, within 3 months from the date of announcement of election results by the competent electoral authority, taking into account paragraph 3. 2 and 3.

2. The House of selects the Marshal of an absolute majority of the legal composition of the Regional Council, by secret ballot.

3. The House of selects Vice-marshals Secretary and the other members of the Board of Directors at the request of the speaker of a simple majority of the votes in the presence of at least half of the statutory composition of the Regional Council, by secret ballot.

4. Marshal, wicemarszałkowie and other members of the Board of Directors may be elected from outside the composition of the Dolnośląskie Provincial Assembly.

5. The members of the Board of Directors of selected non-composition of the Dolnośląskie Provincial Assembly shall apply mutatis mutandis the provisions of article 4. 24 paragraph. 1 and 2.

Article. 33. [Solution of the Assembly] 1. If the House of will not choose the Board of Directors of within the time limit referred to in article 1. 32 paragraph 1. 1, is terminated by operation of law.

2. About the dissolution of the Regional Council of the reasons referred to in paragraph 1. 1 the Governor gives to the public in the mass media and announces, in the form of a notice in the official journal of the regional.

3. After the dissolution of the Regional Council of the reasons referred to in paragraph 1. 1 early elections shall be carried out.

4. Until the election of the Board by the new regional President of the Council of Ministers, at the request of the Minister responsible for public administration shall designate a person, which in this period serves as the Government of the province.

5. If the Regional Council of elected in early elections, referred to in paragraph 1. 3, does not make the selection board within the time limit referred to in article 1. 32 paragraph 1. 1, is terminated by operation of law. About the dissolution of the Regional Council shall be notified to the on mode, referred to in paragraph 1. 2.6. In the case referred to in paragraph 1. 5 no early elections. To the day of Assembly check for another term and the selection of the Board of Directors of the tasks and competencies of the Government takes over the Government Commissioner established by the President of the Council of Ministers at the request of the Minister responsible for public administration.

7. the authorities of the dissolved by law also in the cases referred to in article 1. 390 § 1 paragraph 3 and paragraph 5 of the law of 5 January 2011-Code.

8. In the event of changes in the distribution of the territorial State, the effects of which specifies the article. 390 § 5 and § 8 of the Act, referred to in paragraph 1. 7, shall apply mutatis mutandis the provisions of paragraph 1. 2-6 taking into account the principle that the person who performs the functions of the authorities in this period, is designated for each of the provinces created as a result of changes in the territorial division of the State.

Article. 34. [Appeal Board of] 1. Resolution of the Dolnośląskie Provincial Assembly on the failure to the Management Board of the discharge is synonymous with the submission of the Appeal Board, unless after the end of the financial year Board of has been revoked from another cause.


1a. A resolution on discharge in respect of the Regional Council shall by an absolute majority of the legal composition of the Dolnośląskie Provincial Assembly.

2. The House of the matter of the Board of appeal recognizes the reasons referred to in paragraph 1. 1 at a session convened not earlier than after 14 days from the resolution to award to the Management Board of the discharge.

3. Regional Council, having regard to the proposal of the Audit Committee and the opinion of the Regional Chamber of audit on resolution of the Dolnośląskie Provincial Assembly to award to the Management Board of the discharge, you may reference the Board of a majority of at least 3/5 votes of the statutory Assembly of composition, by secret ballot.

4. (repealed).

Article. 35. (repealed).

Article. 36. (repealed).

Article. 37. [Reference Marshal] 1. The House of Marshal may cancel any other reason than failure to discharge only at the request of at least 1/4 of the legal composition of the Regional Council.

2. the application referred to in paragraph 1. 1, must be in writing and justified reasons for the appeal and shall be subject to review by the Commission has delivered an opinion.

3. the Marshal of the Reference is followed by a majority of at least 3/5 votes of the statutory Assembly of composition, by secret ballot. The vote on the appeal of the House shall be carried out after hearing the opinion of the Audit Committee at the next session after that, where an application for a reference, not earlier than after the expiry of 1 month from the date of filing of the application. If a request for recall of Marshal of the gained the required majority of votes, another request for an appeal may be submitted not earlier than after the expiry of 6 months from the previous vote.

4. Marshal of the Reference or the submission by the opt-out is, respectively, equivalent to the cancellation of the entire Board of the province or the submission of resignation by the whole Board.

5. The House of the can on the reasoned request of the Marshal of the reference of the individual members of the Board of directors by a simple majority of the votes in the presence of at least half of the statutory composition of the Regional Council, by secret ballot.

Article. 38. [the submission of resignation by the Marshal of the] 1. In the event of resignation by the Marshal of its adoption followed by a simple majority.

2. in the case of the resignation of Marshal of the Regional Council of the nearest session take a resolution about the acceptance of the resignation of the entire Board.

3. the Failure of the resolution referred to in paragraph 1. 2, is tantamount to accepting the resignation from the expiry of the last day of the month in which the session of the Assembly was held, referred to in paragraph 1. 2. Article. 39. [select a new Board of or its members] 1. In case of cancellation or the resignation of the entire Board of the Regional Council shall select a new Board in, referred to in article 2. 32, respectively, within 3 months from the date of the appeal or of the date of acceptance of the resignation. In the absence of the election of a new Board within 3 months from the date of revocation or from the date of acceptance of the resignation, the provisions of article 4. 33 shall apply mutatis mutandis.

2. In case of cancellation of a member of the Board of Directors other than the Chairman, of the House elect a new Member of the Board within 1 month from the date of the appeal.

3. the Dismissed Board of or its individual members perform the existing duties until the election of a new Board of directors or its individual members. The House of a member of the Board of Directors may exempt from this obligation.

4. the provision of paragraph 1. 3, the first sentence shall apply mutatis mutandis in the event of resignation by the whole Board.

Article. 40. [resignation of a member from a role] 1. In the case of a resignation of membership on the Board by a member which is not its Chairman, of the House take a resolution about the acceptance of the resignation and dismissal from duties as a member of the Board of directors by a simple majority, not later than within 1 month from the date of cancellation.

2. Failure by the Regional Council of the resolution within the period referred to in paragraph 1. 1, is tantamount to accepting the resignation from the expiry of the last day of the month in which should be taken for resolution.

3. in the event of resignation by a member of the Board of Directors other than the Chairman Marshal is obliged, at the latest within 1 month from the date of acceptance of the resignation or expiry of the period referred to in paragraph 1. 2, sejmikowi of a new candidacy for a member of the Board of Directors.

Article. 41. [task Board of] 1. Board of performing the tasks belonging to the local Government of the non-proprietary for the benefit of the Dolnośląskie Provincial Assembly and provincial government organizational units.

2. The tasks of the Board shall in particular: 1) the implementation of the resolutions of the Assembly;

2) management of the property, including the exercise of rights of action and shares held by the State;

3) preparing project and execution of the budget;

4) drafting of development strategies and other development strategies, spatial plan, regional operational programmes, programmes for the implementation of the partnership agreement in the field of cohesion policy and their implementation;

4A) monitor and analyze processes in spatial layout and development strategy of regional operational programmes, development programmes and programmes for the implementation of the partnership agreement in the field of cohesion policy and of the contract, referred to in the Act of 6 December 2006 on the basis of policy development;

5) organize cooperation with regional structures in other countries and with international regional associations;

6) directing, coordinating and controlling the activities of the provincial local government organizational units, including hiring and release managers provincial government organizational units;

7) to adopt organizational rules of Marshal's Office.

3. the principles and mode of operation of the Board of Directors determines the statutes of the province.

Article. 42. [the passage of term of Office of the Dolnośląskie Provincial Assembly] After expiry of their term of Office, Regional Council of the Board of works until the election of a new Board of Directors.

Article. 43. [Marshal] 1. Marshal organises the work of the Management Board of the province and Marshal's Office, directs the day-to-day running of the State and represents the State on the outside.

2. In cases of urgency, associated with a direct threat to the public interest, directly threatening health and life and the matters which are likely to cause significant material injury Marshal shall take the necessary steps that belong to the property of the Board of Directors of the province. Steps taken in this mode require the submission for approval at the next Board meeting.

3. the Marshal is the head of the Marshal's Office, oversees the work of that office workers and heads of provincial government organizational units.

Article. 44. [the Treasurer of] 1. The House of appoints and dismisses the Treasurer of (the Chief Accountant of the budget), at the request of the Marshal, an absolute majority of votes, in the presence of at least half of the statutory composition of the Regional Council, by secret ballot.

2. The Treasurer of the province shall participate in the work and deliberations of the Board of Directors and of the Regional Assembly in an advisory.

Article. 45. [the Marshal's Office and local government agencies] 1. Board of performs the task of using the Marshal's Office and the provincial local government organizational units or provincial legal persons.

2. The Legal Status of workers self-government specifies a separate Act.

Article. 46. [Decisions on individual cases] 1. Decisions in individual matters concerning public administration seems like a Marshal, if specific provisions provide otherwise.

2. Marshal may authorize Vice-marshals Secretary, other members of the Executive Board of the province, employees of the Marshal's Office and the heads of provincial government organizational units to issue on behalf of the decision referred to in paragraph 1. 1.2a. Decisions adopted by the Executive Board of the province in matters concerning the public administration shall be signed by the Marshal. The decision lists the names and the names of the members of the Board who took part in the decision.

3. the decision referred to in paragraph 1. 1, used a reference to self-governing College appeal, and in matters entrusted to it on the basis of the agreement of the voivode to the competent Minister.

4. (repealed).



Chapter 4 Property self-government Art. 47. [of Property] 1. The property is ownership and other property rights acquired by the State or other regional legal persons.

2. the State, legal persons, outside the State, are local government agencies, which Act explicitly grant such status, and those legal entities that can be created on the basis of separate set exclusively by the State.

3. in civil law relations subject of rights and obligations that apply to the property of a non-other provincial legal persons.


Article. 48. [purchase property of] the acquisition of the property is on the principles set out in the civil code and other laws, as well as by way of a transfer of property of the State Treasury and State-owned property which is in the possession of State-owned legal persons on the principles set out in this Act.

Article. 49. [State Property] 1. Passing the województwu property of the State Treasury and State-owned property which is in the possession of the State, for the performance of the tasks of the State, in particular, referred to in article 1. 14, is based on an administrative decision the Governor issued ex officio, subject to article 22. 50.2. Authority of the appeal from the decision referred to in paragraph 1. 1, is the competent minister of the Treasury.

3. The acquisition of the property is free of charge and takes place on the date on which the decision about his transfer became final.

Article. 50. [request for State property] 1. Passing the województwu property of the State Treasury and State-owned property which is in the possession of State-owned legal persons, economic tasks exceeding the scope of general interest, may be at the request of the Board, if the property is the implementation of the development strategy and regional operational programmes, with the exception of property intended for meeting restitution claims and the implementation of the programme of widespread land reform.

2. transfer of property referred to in paragraph 1. 1 is free of charge, in the right mode for the transfer of acquired rights, the fact that the transfer of ownership and other rights in things is based on the final decision of the Minister responsible for the Treasury.

3. Refusal of handing over of property referred to in paragraph 1. 1, followed by final decision of the Minister responsible for the Treasury.

Article. 51. [Load property] 1. The acquisition of the transferred property of the State Treasury and State-owned property which is in the possession of State-owned legal persons follows with loads, which should be disclosed in the decision to transfer.

2. Disclosure of the loads will not infringe the rights of third parties.

3. The provisions of paragraphs 2 and 3. 1 and 2 shall not apply to commitments of the State Treasury and State legal persons, resulting from the activities of the bodies and institutions who passed the State, before its acquisition by the State.

Article. 52. [exemption from taxes and fees] the transfer of the property of the State Treasury and State-owned property which is in the possession of State-owned legal persons województwu is exempt from taxes and fees.

Article. 53. [the application of the provisions of K. p. and] the procedure for handing over of property, by a decision, shall apply mutatis mutandis the provisions of the administrative procedure code.

Article. 54. [Entry in the land register] 1. The final decision on the transfer of województwu rights that are or may be disclosed in the land register, is the basis of an entry in the ledger.

2. the entry is free of charge.

Article. 55. [Exclusive property rights of] of property rights that do not belong to other provincial Corporation, performs the Board of.

Article. 56. [General provincial Managers organizational units] 1. Steering the provincial local government organizational units of unincorporated work autonomously on the basis of a power of attorney granted by the Board.

2. for activities exceeding the scope of proxy consent is required, in the form of a resolution, the Board of Directors of the province.

Article. 57. [declarations of intent on behalf of] 1. Declarations of intent on behalf of the province consists of Marshal along with a member of the Board of Directors, unless the articles State provides otherwise.

2. Regional Council of may grant authorization was for a single judge, declarations of intent, other than envisaged in the Statute of the province.

3. Legal action, which shows a liability, requires for its effectiveness countersigned by the Chief Accountant of the budget or a person authorised by him.

4. the Chief Accountant of the budget, which refuses to countersign, however, makes her a written command Marshal of telling at the same time, the Regional Council of the Regional Chamber of audit.

5. the Board of may authorize employees of the Marshal's Office to submit declarations of intent related to the current activity of the province.

Article. 58. [Resolution concerning unpaid regulation property] 1. The provincial legal persons alone decide, within the limits of the set, on how to exercise property rights belonging to them, except that the charge regulation property and disposal: 1) real property for use by the general public or direct meeting the needs of the public, 2) items with special scientific value, historic, cultural or natural – requires permission, in the form of a resolution, the Board of Directors of the province.

2. The consent of the Board of Directors of also requires repurposing components of property referred to in paragraph 1. 1 paragraphs 1 and 2.

3. Resolutions of the Management Board, as referred to in paragraph 1. 1 and 2, shall be subject to the surveillance referred to in section 7 of the Act.

Article. 59. [the right of first refusal] 1. In the case of disposal by the State or another county legal person objects with special scientific value, historic, cultural or natural State shall have the right of first refusal or the redemption performed on the principles set out in the civil code.

2. Property acquired free of charge from the State Treasury shall be subject, in the cases referred to in paragraph 1. 1, returned on his behalf, if State authority to request the refund.

Article. 60. [exclusion of liability obligations] State shall not be liable for the obligations of other provincial, unless a special law provides otherwise. Other provincial legal persons shall not be liable for the obligations of the province.



Chapter 5 Finance self-government Art. 61. [resolution of the budget] the budget Resolution is the Foundation of an independent financial management.

Article. 62. (repealed).

Article. 63. (repealed).

Article. 64. (repealed).

Article. 65. (repealed).

Article. 66. (repealed).

Article. 67. [financial resources for the implementation of the tasks transferred] 1. (repealed).

2. (repealed).

3. the transmission of województwu, by law, the new tasks require to ensure the necessary financial resources for their implementation in the form of increased income.

Article. 68. (repealed).

Article. 69. (repealed).

Article. 70. [Rights of the Board of education budget] 1. For the proper implementation of the budget of the province corresponds to the Board of.

2. The Management Board of the province shall enjoy the exclusive right of: 1) bind with coverage in established in the resolution of the budget amounts of expenditure within the framework of the authorisation granted by the Regional Council of;

2) issue of securities, in the framework of the authorisation granted by the Regional Council of;

3) making budgetary expenditure;

4) reporting proposals in the budget of the State;

5) dispose of the reserves of the budget;

6) blocking of budgetary resources, in the cases specified by law.

Article. 71. (repealed).

Article. 72. [Disclosure economy financial resources] Economy financial resources placed at the disposal of the self-government is public. Disclosure requirement is met, inter alia, by: 1) the behavior of the transparency of budgetary debate;

2) publication of the resolution of the budget and reports on the implementation of the budget of the State;

3) presenting a full list of the amounts earmarked grants provided from the budget of the State;

4) (repealed).

Article. 73. (repealed).

Article. 74. [cash-disposition of] Disposition of cash is separated from its cash implementation.



Chapter 6 international cooperation Article. 75. [the priorities of international cooperation of] of the House adopts the "Priorities of international cooperation", specifying: 1) the main objectives of international cooperation;

2) geographic priorities for future cooperation;

3) objective to accede to international associations.

Article. 76. [Participation in international business] 1. Cooperation with regional communities of other countries is carried out in accordance with the domestic law, foreign policy of the State and its international obligations, within the limits of the tasks and competences of the province.

2. participates in the activities of international institutions and is represented on the principles laid down in the agreement concluded by the national organisations government entities.

3. The principle of adherence of international associations of local and regional communities determine separate rules.

Article. 77. [the role of the Minister for Foreign Affairs] 1. "The priorities of international cooperation" can be adopted and initiatives abroad, including in particular projects of regional cooperation agreements, can be taken with the consent of the Minister of Foreign Affairs.

2. The resolution referred to in paragraph 1. 1, passed by an absolute majority of the legal composition of the Dolnośląskie Provincial Assembly.


3. order and agreement on regional cooperation, referred to in paragraph 1. 1, shall be sent by the Marshal to the Minister responsible for Foreign Affairs and the Minister responsible for public administration.



Chapter 7 supervision over the activities of the local Government of the Article. 78. [supervisors] 1. Supervision over the activities of self-government is exercised by the President of the Council of Ministers and the Governor, and in financial matters – regional Chamber of audit.

2. the supervisory authorities can encroach on the activities of the only in the cases referred to laws.

Article. 79. [Criterion of legality] supervision of the exercise of the tasks is exercised on the basis of compliance with the law.

Article. 80. [Rights of supervisors] the supervisory authorities have the right to request information and data concerning the Organization and functioning of the State, necessary for the performance of their supervisory powers.

Article. 80A. [the term observations] 1. If the law makes the validity of a decision of the authority of Government from its approval, or an opinion by another authority, the position by the competent authority should take place no later than within 14 days from the date of notification of this decision or of the project, subject to the provisions of paragraph 2. 2.2. The time limit referred to in paragraph 1. 1, is 30 days, if the approval, reconciliation or issuance is required from the authority which is the local government unit.

3. If the authority referred to in paragraph 1. 1 and 2, will not take a position on, the decision shall be considered as adopted in the version submitted by the State, with the expiry of the period referred to in paragraph 1. 1 or 2.

4. To approve, reconcile or assessment by the authorities of the local Government of the decisions of other bodies of the provisions of paragraph 1. 1-3 shall apply mutatis mutandis.

Article. 81. [Control resolutions by the voivode] Marshal shows the resolution of the Dolnośląskie Provincial Assembly and resolutions of the Management Board of the subject to supervision within 7 days from the date of taking them. At the same time, Marshal of the regional audit Chamber of Commerce presents the resolution fall within the scope of the Oversight Chamber.

Article. 82. [the nullity of the resolution] 1. Resolution of the authority of Government in conflict with the law is void. About the invalidity of the resolution, in whole or in part, shall rule the supervisory authority within no more than 30 days from the date of service of the resolution referred to in article mode. 81.2. The supervisory authority, in opening the proceedings for the annulment of the resolution or in the course of this proceeding, it may pause its execution.

3. The provisions of paragraph 1. 2 shall not apply to the resolution of actionable supervisory settlement to the administrative court.

4. supervisory Decision should contain a reason in fact and in law and the letter of the admissibility of a complaint to the administrative court.

5. in the case of slightly negligent breach of the rights of the supervisory authority does not represent the invalidity of the resolution, limited to indicate that a resolution was issued in violation of the law.

6. The provisions of the code of administrative procedure shall apply mutatis mutandis.

Article. 82A. [Hold the implementation of the resolution] 1. Statement by the supervisory authority of the invalidity of the resolution of the authority of Government suspends its implementation under the law within the scope of annulment, from the date on which settlement of the supervisory body.

2. The provisions of paragraph 1. 1 shall not apply to the resolution of actionable supervisory settlement to the administrative court.

Article. 82B. [action on supervisory decision] in the case of the body of the complaint on the decision of the supervisory, administrative court shall appoint a hearing not later than 30 days from the date of receipt of the complaint to the Court.

Article. 82 c [Dispute resolution to the Administrative Court] 1. After the expiry of the deadline referred to in the article. 82 paragraph 1. 1, the supervisory authority may not themselves determine the invalidity of the resolution of the authority of Government. In this case, the supervisory authority may challenge the resolution to the administrative court.

2. In the cases referred to in paragraph 1. 1, an order to stop the implementation of the resolution should be.

Article. 83. [the term to the annulment of the resolution] 1. Do not seem to be the invalidity of the resolution of the Government authority upon expiry of one year from the date of its take, unless uchybiono to submit a resolution within the time limit referred to in article 1. 81, or if the resolution is an act of local law.

2. If there were no invalidity of the resolution due to the expiry of the period referred to in paragraph 1. 1, and there are grounds for annulment, the administrative court rules on the non-compliance of the resolution. Resolution this is hereby repealed as from the date of legal decision on its illegality. The provisions of the code of administrative procedure as to the consequences of such a decision shall apply mutatis mutandis.

Article. 84. [Violation by the regional Constitution or set] 1. In the event of repeated violations by the Regional Council of the Constitution or laws, the Sejm, at the request of the President of the Council of Ministers, may by resolution fix the House. Solution of the Regional Assembly equivalent is solution to all the bodies of self-government. President of the Council of Ministers at the request of the Minister responsible for public administration shall appoint the person who until the election of the new Government of the function of these bodies.

2. If the repeated violations of the Constitution or allowed to Board of Governor calls on regional State to apply the necessary measures and, if it has no effect-through the Minister responsible for public administration – makes a request to the President of the Council of Ministers to the solution of the Management Board of the province. In the event of termination of the Board, until the election of a new Board, the functions of the Board fully designed by the President of the Council of Ministers.

Article. 85. [Suspension of Government] 1. In the event of nierokującego rapid improvement and the protracted lack of effectiveness in the performance of public tasks by the authorities of the local Government of the President of the Council of Ministers, at the request of the Minister responsible for public administration, self-government authorities can hang and receiverships for up to 2 years, but not beyond the choice of the Board of the Regional Council of the new term of Office.

2. The establishment of the litigation trust may take place after the presentation of the allegations of government authorities and called on them to immediately submit the programme to improve the situation of the province.

3. the Government Commissioner appointed by the President of the Council of Ministers on a proposal from the Governor, requested through the Minister responsible for public administration.

4. The Commissioner, the Government takes over the tasks and competencies of the Government on the appointment.

Article. 86. [appeals against administrative decisions made by the supervisory bodies] 1. Decision of the supervisory authority for the province, including the decision referred to in article 1. paragraph 84. 2 and art. paragraph 85. 1, as well as the position taken in the article. 80A, subject to further appeal to the administrative court due to non-compliance with the law within 30 days from the date of their delivery.

2. for filing the complaint is eligible. The basis for bringing an action is resolution of the Dolnośląskie Provincial Assembly.

2A. To file a complaint on the decision of the supervisory authority, on the resolution of the Dolnośląskie Provincial Assembly, served on expiry of their term of Office, the Assembly is entitled, the House of the next term of Office within 30 days from the date of the election of the President of the Regional Council.

3. is entitled to lodge a complaint, which the interest, capacity or competence have been affected. The basis for bringing an action is a resolution authority, which has taken a resolution or that has the supervisory decision.

4. Resolution of supervisory become final on expiry of the period prescribed for bringing an action or the date of dismissal of the complaint or its rejection by the Court.

Article. 86. [a call to decide] 1. [7] where the competent authority of the province, contrary to the obligation arising from the provisions of article 4. 383 § 2 and 6 of the Act, referred to in article 1. 33 para. 7, and articles. 5. 2, 3 and 5 of the Act of 21 August 1997 on reducing business by people with public functions, concerning respectively the mandate the Council, appeal from Office or termination of employment with a member of the Board of Directors, the Secretary of State, Treasurer of State, the head of the provincial local government organizational unit and person who manages or a member of the governing body then take a legal person, does not take the resolution , does not reference the position or does not resolve the employment contract, the Governor calls on the authority of the province to decide within 30 days.

1a. Paragraph 1 shall not preclude. 1 shall apply mutatis mutandis to the obligations referred to in article 1. 6a the Act of 21 November 2008 on the employees (Journal of laws No. 223, item. 1458, as amended).

2. in the event of ineffective expiry of the period referred to in paragraph 1. 1, Governor, after notification to the Minister responsible for public administration, it seems the order.

3. [8] the recipe article. 86 shall apply mutatis mutandis, except that the power to make a complaint is also the person to whom the interest or entitlement applies to the order.


Article. 87. [Immunity from legal proceedings] proceedings referred to in article 1. 82 and 86, are free from court fees.

Article. 88. [exclusion of application of the provisions of the Act] the provisions of this chapter shall not apply to the individual decisions in matters concerning public administration, issued by the authorities of the local Government of the province. Instance control and supervision of the pozainstancyjny and control of the exercise by the Court shall determine the rules.

Article. 88a. [exclusion of application of the provisions of the Act] the matters referred to in this chapter shall not apply the provisions of article 4. 52 paragraph 3 and 4 of the Act of 30 August 2002, the law on proceedings before administrative courts (Journal of laws of 2012.270, 1101 and 1529).



Chapter 8 local acts laid down by the local Government of the Article. 89. [local legislation] 1. On the basis of this Act and on the basis of authorisations granted in other laws and their limits, the House of the local legislation is in force in the province or a part of it.

2. the President of the Regional Council of the signs the acts of local law, adopted by the House, immediately after their adoption and directs them to the publication in the provincial Gazette.

3. Publication in the regional official journal are also subject to the resolution of the budget and the report on the implementation of the budget of the province.

4. policies and promulgation of the local law and the issue of provincial official journal specifies the law of 20 July 2000 on the publication of normative acts and certain other acts (Journal of laws of 2011 # 197, item 1172 and No 232, poz. 1378).

5. (repealed).

Article. 90. [Appeal provision to the Administrative Court] 1. Anyone whose interest or privilege has been infringed a provision of an act of local law, issued in the scope of the public administration, may, after unsuccessfully called on the authority of Government, which gave the recipe to cure the breach-Sue provision to the administrative court.

2. (repealed).

3. The provisions of paragraph 1. 1 shall not apply if the Administrative Court has already ruled on and the complaint dismissed.

4. On the call to remove the violations of the provisions of the dates of dealings in administrative proceedings.

Article. 91. [the application of the provisions of the Act] 1. The provisions of article 4. 90 shall apply mutatis mutandis where the authority of the local Government of not performing the steps mandated by law or by legal or factual actions, violates the rights of third parties.

2. In the cases referred to in paragraph 1. 1, the administrative court may order the supervisory authority of the execution of the necessary operations on behalf of the complainant.



Chapter 9 final provision Article. 92. [entry into force] this Act comes into force within the time limit and on the terms set out in a separate Act.

[1] Article. 11 (1). 1E shall be inserted to be fixed by the article. 6 (1) (a). (c)) of the law of 24 January 2014. amending the law on the principles of development policy and certain other laws (OJ No. 379). Revision entered into force September 25, 2014.

[2] on the basis of article. 6 of the law of 5 September 2008 amending the Act on municipal government and amending some other acts (Journal of laws. # 180, item. 1111) art. 27 c paragraph. 5A applies to term after term, during which the law entered into force (Act came into force on October 25, 2008).

[3] on the basis of article. 6 of the law of 5 September 2008 amending the Act on municipal government and amending some other acts (Journal of laws. # 180, item. 1111) art. 27E applies to term after term, during which the law entered into force (Act came into force on October 25, 2008).

[4] on the basis of article. 6 of the law of 5 September 2008 amending the Act on municipal government and amending some other acts (Journal of laws. # 180, item. 1111) art. 27F paragraph. 1 applies to term after term, during which the law entered into force (Act came into force on October 25, 2008).

[5] on the basis of article. 6 of the law of 5 September 2008 amending the Act on municipal government and amending some other acts (Journal of laws. # 180, item. 1111) art. 27F paragraph. 2 applies to term after term, during which the law entered into force (Act came into force on October 25, 2008).

[6] on the basis of article. 6 of the law of 5 September 2008 amending the Act on municipal government and amending some other acts (Journal of laws. # 180, item. 1111) art. 27 g applies to term after term, during which the law entered into force (Act came into force on October 25, 2008).

[7] on the basis of article. 5 of the Act of August 31, 2011, amending the law-election Code and certain other laws (Journal of laws. # 217, item. 1281) art. 86A paragraph. 1 applies to the term of Office of organs which are local government units and the term of Office of mayors, following after his term of Office, during which this Act came into force (Act came into force on October 27, 2011).

[8] on the basis of article. 6 of the law of 5 September 2008 amending the Act on municipal government and amending some other acts (Journal of laws. # 180, item. 1111) art. 86A paragraph. 3 applies to term after term, during which the law entered into force (Act came into force on October 25, 2008).

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