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MÓŁKA v. POLAND DECISION
“Article 163
Local government shall perform public tasks not reserved by the Constitution or
statutes to the organs of other public authorities.
Article 164
1. The municipality (gmina) shall be the basic unit of local government.
2. Other units of regional and/or local government shall be specified by statute.
3. The municipality shall perform all tasks of local government not reserved to
other units of local government.
Article 165
1. Units of local government shall possess legal personality. They shall have rights
of ownership and other property rights.
2. The independence of units of local government shall be protected by the courts.
Article 166
1. Units of local government shall have direct responsibility for performing public
duties aimed at satisfying the needs of a self-governing community.
2. If the fundamental needs of the State so require, units of local government may
be required by statute to perform other public duties. The mode of transfer and
manner of performance of the duties so allocated shall be specified by statute.
3. The administrative courts shall settle jurisdictional disputes between units of
local government and units of government administration.
Article 167
1. Units of local government shall be assured public funds adequate for the
performance of the duties assigned to them.
2. The revenues of units of local government shall consist of their own revenues
and general subsidies and specific grants from the State budget.
3. The sources of revenues for units of local government shall be specified by
statute.
4. Any alterations of the scope of the duties or powers of units of local government
shall be made in conjunction with appropriate alterations of their share of public
revenues.
Article 168
To the extent established by statute, units of local government shall have the right to
set the level of local taxes and charges.
Article 169
1. Units of local government shall perform their duties through law-making and
executive organs.
2. Election to the law-making organs shall be by direct universal suffrage and shall
be conducted by secret ballot. The principles and procedures for nominating
candidates and for conducting the elections, and the requirements for the validity of
the elections, shall be specified by statute.
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