W sprawie możliwości składania petycji przez organ stanowiący jednostki samorządu terytorialnego

The opinion deals with the evaluation of admissibility of submitting a petition by a decision-making body of a unit of local government. In the author’s opinion, no restriction of law to submit petitions by units of local government can be found in reference to Article 63 of the Constitution. The fact that a particular right or freedom is guaranteed to an individual in the Constitution is not tantamount to the general lack of admissibility to vest them in other entities by the ordinary legislator. Although the Constitution does not guarantee the right of petition to units of territorial government, the act on petitions does not include provisions excluding the possibility of submitting a petition by the local government. There are no teleological or functional obstacles thereto. The opinion includes reflections on identifying the organ competent to submit petitions on behalf of the unit of local government.