The principle of territoriality in the context of a local government unit’s tasks on the territory of another local government unit

Kamila Żmuda-Matan

Uniwersytet Śląski w Katowicach
https://orcid.org/0000-0002-5172-8945

Michał Rus

Legal S/R – Surdziel Rus Radcowie Prawni i Adwokaci sp. p.
https://orcid.org/0009-0007-8422-6400

Abstract

Is the thesis that a local government unit can only carry out tasks within its area justified? In achieving the basic goal of a local government unit, i.e., meeting the collective needs of a given community, is the place where this goal is achieved an important determinant? Does a local government unit have the legal ability to run its organizational units on the territory of another local government unit? The independence of local government units is guaranteed by the Constitution of the Republic of Poland, the European Charter of Local Self-Government, and local government acts. The law does not explicitly indicate that a local government unit carries out its tasks only within its administrative boundaries. In the article, the issue of independence of local government units will be discussed in the context of the method and place of carrying out the entrusted tasks. The main purpose of the article is to answer the question of whether, under applicable law, a local government unit can carry out its tasks only within its administrative boundaries. The analysis covered by the study refers to establishing a hierarchy of principles: territoriality of the activities of local government units and purposefulness and task-oriented nature. The set goal implied the need to use a dogmatic research method, as well as a legal analysis of generally applicable legal acts and case law based on them. To sum up the analysis, it should be concluded that the exercise of public authority by a local government unit should undoubtedly be carried out considering the primacy of the principle of territoriality. However, the above does not mean that a local government unit cannot carry out its tasks outside its administrative borders and that the seat of the organizational unit must be located only within the territory of the local government unit.

Keywords:

financial law, local government law, the principle of territoriality, the principle of independence, tasks of local government units