Issuing normative and individual acts by professional associations as an indication of performing functions of a public administration by them (remarks made at the background of the legal adviser’s association)

Abstract

One of the basic assumptions of democratic state based on the rule of law is the principle of decentralisation of public administration, stated in the article 15(1) of the Constitution of Republic of Poland. Apart from the elemental form of territorial decentralisation (local associations) Polish Constitution provides for so-called material decentralisation. Its reflection can be seen in legislation powers to appoint occupational associations and make them responsible for providing the proper performance of the profession of public trust. This article aims at discussing professional associations power of lawmaking i.e. issuing normative and individual acts. Aforementioned issue will be examined on the background of legal adviser’s association (the largest legal professional association in Poland). The power in question is the essential tool to supervise the proper performance of the profession. It is also important that it is a way of performing public administration functions.