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Conducting a burial by the commune in the light of the judicature of administrative courts

local government resolutions of the commune council checking the burial decision of administrative courts constitutional principles

The commune has a very i mportant function in the three-level self-government structure. This is mainly due to the fact that it is the closest to the residents. It often happens that resolutions issued by municipal councils are contrary to statutory regulations. This is also the case in the case of local law regarding the issue of burial by municipalities. Burial is an interesting issue because by nature it affects every human being. The consequence of this is the obligation for the governing body of each municipality to pass a resolution regarding its burial. Such a resolution should first of all be comprehensible and consistent with statutory regulation, as well as sufficiently precise in its provisions. In the present article, which is of legal and empirical character, 10 different resolutions concerning the burial of selected municipalities have been compiled. In order to provide the reader with transparent information, individual resolutions are listed in a table. It is based on data from different towns, both larger and smaller. There are also different dates of their release, which allows us to look at the analyzed issues from an even wider perspective. The list shows both differences and similarities, as well as points to specific features of specific resolutions. Often normative solutions applied in local law acts devoted to these issues are contrary to the general act. Does it make them invalid? The answer to the question asked was the rich jurisprudence of administrative courts, which indicates that the resolutions of local legislators should be characterized by a lack of gaps and therefore in a comprehensible and unambiguous way to regulate specific areas of the given affairs.

Wydawnictwo Uniwersytetu Wrocławskiego

ISSN 1733-5779 ISSN 0239-6661

10.19195/1733-5779.28.16

Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne, ISSN 1733-5779. Nr 28 (2019), s. 221-234

Czasopisma Naukowe w Sieci (CNS)

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