The coming into force of local enactments in Poland

Abstract

Summary: The publication of a normative act is related to significant axiological and formal aspects related to legal and social consequences. The issue of publishing enactments of local law should be perceived not only in formal and legal categories, as a certain element of the law-making procedure, but should also be depicted in a broader social context, with reference to such values as openness of actions performed by public administration authorities, legal certainty or non-retroactivity of regulations. Openness of law cannot be realized under conditions of closed norm-forming procedures, particularly with regard to those acts that refer to the sphere of obligations and rights of citizens. In this light, the issue of publishing enactments of local law is related to the principle of lawfulness. The coming into force of an enactment of local law means that from the date indicated in the enactment, everyone whose behaviour is specified by norms included therein is obliged to execute them. Therefore, in so far as the promulgation of the enactment is a necessary condition of its application and has a value of a constitutional principle, the entry of the enactment into force within a specified period of time depends on the regulation itself. Key words: local by-laws, regulations, the publication of a normative act.