“A resolution without the required majority is not an authoritative act and is not subject to oversight by a voivode” – publication in “Dziennik Gazeta Prawna”

On the 7th of April 2021 in the “Samorząd i Administracja” supplement of “Dziennik Gazeta Prawna” the article by Aleksandra Urbanowska-Bohun, attorney-at-law, and Angelika Borowiak, trainee attorney-at-law, was published concerning a resolution passed by a Commune Council which did not secure a majority.

The article addresses the important issue of the oversight of resolutions by voivodes and answers the following questions:

1) What if, in a given case, we are dealing with a resolution which did not receive a sufficient number of votes in favour as required by law and was not in material form ?

2) May the supervisory authority also declare it invalid ?

Although the answer to the above questions, taking into consideration the Act on County Local government, should not raise any doubts, it turns out in practice that the matter is not so obvious and the supervisory bodies interpret the provisions in a completely different way.

Full text of the article can be found in “Dziennik Gazeta Prawna”.

We hope you find it interesting.