Glosa do Wyroku Naczelnego Sądu Administracyjnego z dnia 1 grudnia 2022 r., sygn. akt III OSK 6254/21

West Pomeranian Voivodship Sejmik adopted a resolution containing a position in which it appealed to the Government of the Republic of Poland to withdraw its veto of the draft European Union budget for 2021–2027 and the Next Generation UE (NGEU). In a supervisory decision, the Voivode declared the resolution invalid on the grounds that it had been adopted with the violation of substantive law. The Voivodship Administrative Court in Szczecin overturned this decision, as a result of which the Voivode lodged a cassation appeal to the Supreme Administrative Court of Poland. The subject of the commentary is the judgement of the Supreme Administrative Court of Poland, in which it upheld this appeal and overruled the judgement of the Voivodship Administrative Court in Szczecin, justifying it with the lack of a legal basis for the West Pomeranian Voivodship Sejmik position and a breach of the competences of the Council of Ministers. According to the author of the commentary, the Supreme Administrative Court of Poland did not take into account the fact that the voivodship self-government also conducts development policy, the financing of which is related to the issues aforementioned in the position of the West Pomeranian Voivodship Sejmik. Hence, this body was entitled to adopt the resolution and did not thereby encroach upon the competences of the Council of Ministers.