Selected Aspects of Supervision over Law-making Competences of Municipalites

The article deals with the problems of issuing of bylaws of self-government territorial units and with the supervision over that activities performed by the Ministry of Interior. The competence, not an obligation, of the self-government units to issue inter alia generally binding by-laws belongs among one of the most important and the most significant sign of the right to territorial self-government is. One of legal means of ensuring the successful performance of public administration is the supervision of its activities. The supervision competence over the legality of generally binding by-laws of communities is according to the current legal regulation vested in the Ministry of Interior. Provided that generally binding by-law appears to be illegal, the Ministry of Interior suspends its implementation and call upon the community for revision of an act. It is correct that this administrative body has no authority to repeal generally binding by-laws. This weighty competence is reserved to the Constitutional Court, i. e. to body which is fully independent on executive power.