Admissibility of adopting a resolution not to grant a vote of confidence to the commune head

Abstract

By the Act of 11 January 2018 amending certain acts in order to increase the participation of citizens in the process of selecting, functioning and controlling certain public bodies, a new institution was introduced to local government in the form of a vote of confidence. It was she who became the subject of the analysis of this study. While the procedure of adopting a resolution on granting a vote of confidence does not arouse controversy, the question arises whether it is possible to pass a resolution with the opposite content in the same procedure, i.e. not to pass the vote? This is largely the result of the fact that the legislator, in the regulations concerning the vote of confidence, additionally provided for the construction of a legal fiction, modeled on the solutions that had been operating for years in the local government, regarding the discharge procedure, establishing the presumption that failure to adopt a resolution on granting a vote of confidence to the tantamount to adopting a resolution not to grant it. Adopting such a structure raises further doubts which the author submits to a thorough analysis and tries to answer the bothering questions.