Podstawa prawna do wydania aktu prawa wewnętrznego (na tle art. 93 ust. 2 Konstytucji)

The aim of the article is to present an interpretation of the requirement that internal legal enactments be issued on the basis of statute (Article 93 para. 2 of the Constitution). This constitutional prerequisite provides the basis for two kinds of approach. Under the fi rst one, Article 93(2) of the Constitution requires that an authorizing provision that defi nes the entity, the form and content of the internal enactment be created by statute. The second approach permits an internal enactments to be based on the norms of statute which defi ne the tasks and powers of a particular authority. In the author’s view, the interpretation of the statutory basis requirement should be made in reference to a number of constitutional principles, including reliability and effi ciency of the constitutional bodies as well as the stability and permanence of legislation. In view of these values, the requirement for a statutory basis should be treated fl exibly so as to provide an appropriate instrument to government administration to exert infl uence on its subordinate organizational structure.