Działania administracji publicznej w granicach prawa w rozumieniu Konstytucji RP

According to art. 7 of the Constitution of the Republic of Poland, public authorities act on the basis of or within the limits of the law. Acting on the basis of the law is consistently understood in the doctrine and practice of applying the law as a requirement for the statutory basis to be applicable to each activity consisting in exercising public authority. The linguistic phrase "acting within the limits of the law" is not defined in the law and raises controversy in science and practice. The conducted determination of the meaning and scope of the substantive action of public administration authorities "within the limits of the law" using the directives of linguistic and systemic interpretation led to the conclusions that the actions of administrative authorities undertaken "within the limits of the law" are characterized by and include: a) designation, on the basis of authorization contained in the Constitution or ordinary law, of a certain range of issues to be regulated or implemented by the body in the scope of which the body is bound exclusively by the "limits of law", which means that the body is authorized to undertake actions that shape relations and supplement the legal order in the scope of: the manner of performing tasks and competences, internal system, ensuring public order, and the "limits of law" constitute for it certain limits and frameworks within which it can develop its free, independent and shaping actions, taking care only not to violate them by using its authority; b) compliance with the law, which includes undertaking actions objectively consistent with prohibitions and prohibitions resulting from areas of law other than administrative law, and compliance with administrative law in a situation where the administrative body as its addressee will act in the role of the administered.