Independence of the municipality in the performance of public education tasks vs. the powers of the superintendent of education

Abstract

The purpose of the article is to demonstrate that local government units have competence over educational tasks. Analysis of the legal state leads to the thesis that the responsibility for the operation of the educational system is not accompanied by real independence of local government units in the performance of educational tasks. The legal regulations being introduced limit the self-government’s independence in carrying out its own tasks, which local government units should carry out on their own responsibility. However, in the current state of the law, there is a restriction on the independence of local government units in carrying out tasks through the issuance of binding opinions of a positive nature by the superintendent of education.