A commentary by barrister Aneta Fornalik in the article “Starost in a losing position. SAC blocked his line of defence” published in “Dziennik Gazeta Prawna”

A commentary by barrister Aneta Fornalik in the article “Starost in a losing position. SAC blocked his line of defence” published in “Dziennik Gazeta Prawna”

“Dziennik Gazeta Prawna” in its “Samorząd i Administracja” supplement (No. 42) of 2 March 2022 in the article “Starost is a losing position. SAC blocked his line of defence” published a commentary by barrister Aneta Fornalik. The article concerns a particularly important issue for local governments and their executive bodies – the question of passing annual resolutions on the vote of confidence. It turns out that it is very difficult to challenge a resolution not to grant a vote of confidence in an administrative court by the entity, which is the subject of the resolution, i.e. the starost, members of the district management board, or heads of villages. The jurisprudence in this matter is highly inconsistent, and the Supreme Administrative Court’s ruling commented on in the article may shape a line unfavourable to local governments which will mean that no entity – other than a voivode or public prosecutor – may challenge such a resolution in court.

The article contains many interesting statements by law experts, including a commentary by barrister Aneta Fornalik.

The article reads, among others: “Aneta Fornalik, barrister at the Law Firm P.J. Sowisło & Topolewski S.K.A., notes that the Supreme Administrative Court in its decision of 14 January 2022 did not indicate the criteria for determining the existence of a legal interest in challenging a resolution not to grant a vote of confidence. – The ruling basically shows that this interest cannot be demonstrated, and since it is not held by a member of the management board (neither by the starost nor the entire management board), it is difficult to imagine an entity whose legal interests would be affected to an even greater extent by such a resolution,” says Aneta Fornalik. According to her, in this case it is hard to clearly indicate the criteria for determining the existence of a legal interest, but also the difference between a legal interest and an actual interest. – However, it is not easy to agree with the argument that there is no legal interest in challenging a resolution on the part of the management board or its members, since the legislature itself did not exclude the possibility of challenging a resolution on a vote of confidence,” the lawyer stressed.

The ruling discussed in the article is a decision made in one of the cases conducted by our counsel.

The article is also available in an electronic version:

https://serwisy.gazetaprawna.pl/samorzad/artykuly/8369624,starosta-wotum-zaufania-nsa-zaskarzenie.html

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