Resolution on Councillors’ Allowances as an Example of the Evolution from an Internal Administrative Act to Local Law in the Light of Administrative Courts’ Case Law

Abstract

The article addresses the legal nature of municipal council resolutions concerning coun cillors’ allowances and reimbursement of travel expenses. The aim of the study is to present the evolution of legal opinions on their classification – from being regarded as internal administrative acts to being recognized as local law. The research applies the dogmatic-legal method, supplemented with an analysis of case law and a case study. Particular attention is given to the shift in administrative courts’ jurisprudence, which initially treated such resolutions as internal acts, but now consistently qualify them as local law. The analysis demonstrates that, despite the absence of legislative changes, judicial decisions have led to an evolution in the perception, scope and binding force of such reso lutions. A case study of resolutions adopted in the municipalities belonging to the Union of Polish Metropolises highlights differences in the practice of their publication in regional official journals. In many regions these resolutions are still regarded as internal acts and not published, a practice accepted by supervisory authorities (voivodes). The findings therefore indicate that, despite a well-established line of administrative case law, significant discrepancies remain in the approach taken by supervisory bodies.