Legal route in cases regarding a special purpose grant for the municipality's own tasks : commentary on the resolution of the Civil Chamber of the Supreme Court of 10 May 2023, II CZP 1315/22

Streszcz. ang. s. 34. Bibliogr. s. 34-35. Glosa: s. 27-35

The judgment in question on applies to the admissibility of the legal route in cases filed by a county against the State Treasury for the payment of an amount of money that is necessary for covering the missing special purpose grant. The grant is supposed to enable the activities of a county’s services, inspectorates and wardens to be financed. The legislator prima facie ruled out the admissibility of the legal route as a result of a probable legislative error in the case in question . In its justification, the Supreme Court tries to suggest a method of resolving the legal issue in favour of the admissibility of the act on to a larger bench of the Supreme Court. However the argumentation applied gives rise to doubts and is critcized by the author of the commentary. Furthermore, the author draws attention on to the key significance of the argument about the protection on of the independence of territorial self-government units guaranteed by the Polish Constituition