Supreme Court dismisses NAD's power to change referendum question text and rejects appeal for dismissing executive removal.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland overturned a lower administrative court decision that had replaced a municipal council's refusal to hold a referendum with a modified question regarding the removal of the executive. The court found the lower court violated the law by altering the petitioners' proposed question and incorrectly ruled that removing the executive is not a matter for a municipal referendum. Consequently, the case was remanded to the lower court to reconsider the original petition without modifying the question.
Legislator headnote
AI generatedArt. 16 ust. 3 ustawy o referendum gminnym; Art. 13 ust. 1 ustawy o referendum gminnym; The Supreme Court held that the administrative court cannot change the text of the question contained in the residents' petition for a municipal referendum, as the council is bound by the petition's content.