As part of our cooperation with the C.H. Beck Publishing House, the Legal Information Service “Legalis”, our lawyers comment on decisions of administrative courts important for practice.
The article from 5 January 2022 provides a commentary to an important ruling on the principles of administrative law regarding the ban on a councillor’s voting on a resolution in his/her own case. The participation of a councillor in voting on a resolution of the municipal council concerning his/her legal interest constitutes a material breach of law within the meaning of the provision of Article 91(4) of the Act on Municipal Local Government. This violation constitutes a misconduct which, due to its nature, may lead to consequences that cannot be tolerated in a democratic state governed by the rule of law.
The commentary for the Legal Information Service “Legalis” was prepared by attorney Aneta Fornalik.
You are welcome to read the publication in the link provided here: https://legalis.pl/radny-nie-moze-glosowac-nad-uchwala-dotyczaca-jego-interesu-prawnego/
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