MÓŁKA v. POLAND DECISION 7 3. The principles and procedures for the election and dismissal of executive organs of units of local government shall be specified by statute. 4. The internal organizational structure of units of local government shall be specified, within statutory limits, by their law-making organs. Article 170 Members of a self-governing community may decide, by means of a referendum, matters concerning their community, including the dismissal of an organ of local government established by direct election. The principles of and procedures for conducting a local referendum shall be specified by statute. Article 171 1. The legality of the actions of a local government shall be subject to review. 2. The organs exercising review of the activity of units of local government shall be: the Prime Minister and provincial governors and, regarding financial matters, regional audit offices. 3. On a motion of the Prime Minister, the Sejm may dissolve a law-making organ of local government if it has flagrantly violated the Constitution or statutes. Article 172 1. Units of local government shall have the right of association. 2. A unit of local government shall have the right to join international associations of local and regional communities and to cooperate with local and regional communities of other states. 3. The principles governing the exercise by units of local government of the rights referred to in paragraphs 1 and 2 above shall be specified by statute.” 2. Local Government in a municipality (Law of 8 March 1990) A municipality (gmina) is the basic unit of local government in Poland. Section 6(1) of the Law of 8 March 1990 provides: “A municipality is responsible for all local public matters which are not assigned by statutes to other bodies.” Section 18(1) provides: “A municipal council (rada gminy) is responsible for all matters falling within the competence of a municipality unless statutes provide otherwise.” Under section 18(2), the exclusive competence of a municipal council includes, inter alia, adopting a budget, a land-use plan, economic plans, taxes and resolutions concerning municipal finances. 3. Local Government in a district (Law of 5 June 1998) A district (powiat) constitutes a second tier of local government. Section 4 of the Law of 5 June 1998 provides that a district is responsible for matters which are not within the competence of a municipality and which concern, inter alia, education, the public health service, social

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