Dissolution of the Municipal Council and the Person Designated to Perform the Functions of the Municipal Council: Remarks De Lege Lata and De Lege Ferenda

The circumstances in which the municipal council, as the decision-making and controlling body in the municipality, is dissolved are exceptional situations. They can be found in the provisions of the Act of 8 March 1990 on municipal self-government, as well as in the provisions of the Act of 15 September 2000 on local referendum. If there are grounds for dissolving the municipal council, it is necessary for the President of the Council of Ministers to appoint a person who will act as the dissolved municipal body. The applicable statutory provisions are imprecise and the solutions they contain are far from the ideas of a rational legislator. Their interpretation leads to an indication of the extent to which it is possible to make them more precise and to provide more detail in the legal regulations, which would contribute to their more effective application in practice.