Published : 2023-11-20

Admissibility of Adoption of Resolutions by Municipal Councils Ddeliberating Remotely

Abstract

Transparency of activity of commune councils is an important value, which is the basis of a democratic state and allows for the actual participation of residents in shaping the manner of performing public tasks. Exceptions to the constitutional principle of transparency in the operation of commune councils are allowed only when a parliament separate act so provides. Such an exception was introduced in the act regulating the functioning of public administration during the state of epidemic or epidemic threat. The legislator aptly decided that although the transparency of the administration’s activities is a very important value, the protection of health safety – the life and health of residents – is more important. This form of debates, i.e. remote debate, cannot be used in cases other than those directly specified in the act. Transparency as a constitutional value can’t be regulated in the statutes of communes.

Keywords:

Principle of transparency, resolution, commune council, correspondence procedure, principle of legality



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Roczniki Nauk Prawnych · ISSN 1507-7896 | eISSN 2544-5227 | DOI: 10.18290/rnp

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