Glosa do wyroku Naczelnego Sądu Administracyjnego z 25 czerwca 2024 r., sygn. akt III OSK 752/24

In the commented judgment, the Supreme Administrative Court made a significant confirmation that the resolution of the decision-making body of a local government unit on determining the allowances for councilors is an act of local law. In the past, these resolutions were not treated as acts of generally applicable law and were not subject to publication. The change in position in this respect deserves approval. However, the issue of proper identification of resolutions of local government bodies as acts of local law still remains a general problem. It would be advisable to adopt a solution according to which the qualification of a resolution as an act of local law takes place at the statutory level. This solution could contribute to the implementation of the postulate of coherence of generally applicable local law.