Gloss to the judgment of the Voivodeship Administrative Court in Poznań of 23th May 2019, IV SA/Po 1185/18

Abstract

WSA in Poznan reasonably assumed that breach of law in the case of the local legal enactments is also breach of law with the rules of legislative drafting, which require the preparation of explanatory statement to the draft of local law enactments; the evaluation of the effect of breach of the rules of legislative drafting should take place in any case separately. The court mistakenly assumed that the obligation for the organs of local government to provide substantive grounds for the decision may be inferred from the obligation to draw up explanatory statement to the draft of local law enactments. However the court has not demonstrated the existence of a sufficient legal basis justifying the claim that the failure to disclose essential grounds for adopting the resolution constitutes a substantive breach of law.