MÓŁKA v. POLAND DECISION 13 powers conferred on the local government was restricted to such an extent that it could never be compared to the legislative power exercised by the Sejm and the Senate. The Government pointed out that the derivative rulemaking power of local government was limited territorially to the area of a given municipality, district or region. More often than not, the regulations adopted by local government had no influence on the situation of non-residents in respect of land-development plans, local taxes or budget regulations. The Government further emphasised that the character and scope of the control exercised over local government organs did not allow them to be classified as “legislatures”. Not only was the legality of actions of local government reviewed by the administrative courts, but – even more importantly – the activities of local government organs were subject to the control of the executive branch of the government, that is, the Prime Minister and the regional governors (wojewodowie) who represented the government in the regions. The Government stressed that if the local councils exercised genuine legislative powers, their activities would not be subject to the control of the executive. They placed particular emphasis on the fact that, under Article 171 § 3 of the Constitution, the Sejm, acting upon the initiative of the Prime Minister, could dissolve a rulemaking organ of local government (council). In conclusion, the Government submitted that the local government councils did not form part of the legislature of the Republic of Poland, and accordingly elections to such organs did not fall within the scope of Article 3 of Protocol No. 1. 2. The applicant’s submissions The applicant contested the Government’s contention that Article 3 of Protocol No. 1 was not applicable to the present case. He claimed that the municipal councils, district councils and regional assemblies should be considered “legislatures” within the meaning of that provision as they were state organs vested with rulemaking powers at local level. The local laws were binding on the territory of a particular municipality, district or region. Members of such organs were elected in the same way as the central authorities. The applicant argued further that in his case the State had not ensured the conditions necessary for “the free expression of the opinion of the people in the choice of the legislature”. In that connection, he referred to the ruling of the Nowy Sącz Regional Court of 12 March 1999 in which that court had considered that a disabled person was obliged to ensure for himself such conditions as would enable him to enjoy his rights.