Opinia prawna na temat niektórych zagadnień związanych z funkcjonowaniem związku międzygminnego

Basing on the facts of the case the author on the basis presents general theses regarding the functioning of unions of municipalities. The author underlines that when it comes to a union of municipalities there is no presumption of competence. Moreover, a deprivation of one of union’s statutory tasks does not automatically result in a deprivation of shares in a limited-liability company formed by this union. The author also claims that a gratuitous disposal of shares to a unit of local government is admissible but requires an undisputed legal title. Such a sort of disposal might be considered as an infringement of public finances discipline in case it leads to making an expense from public finances without a authorization requires by a budgetary act, a financial plan or when the scope of authorization has been exceeded or when relevant provisions hasve been infringed.