Legislative omission in the legislative activity of local government bodies

Abstract

The article concerns issues related to the legislative activity of local government. The study points out that this scope of activity of local government bodies is subject to the principles of decent legislation, including in particular the requirements resulting from the principle of the specificity of legal provisions. Local government bodies, in accordance with the principle of legality, are obliged to properly implement the statutory authorization to issue a legal act. In this area, in practice, there are irregularities consisting in the incomplete (insufficient) implementation of such authorization, which is referred to as legislative omission. The issue of legislative omission is present in the activity of administrative courts, which indicates its relevance. The article discusses selected judgments regarding legislative omission, on the basis of which it can be seen that administrative courts treat legislative omission as a violation of the law, but not always as a significant violation.