Entry in the Register Does Not Preclude the Expiration of a Councilor's Mandate

The Supreme Administrative Court of Poland has clarified a crucial point regarding the disqualification of local councilors: mere entry into a commercial register does not automatically lead to the loss of their mandate. This important ruling emphasizes that a thorough investigation is required to establish whether a councilor is indeed in violation of the law prohibiting them from managing economic activities using communal property, either independently or in partnership with others.

The court's decision stemmed from a case where a regional governor had issued an order to terminate a councilor's mandate. The basis for this order was the allegation that the councilor had breached Article 24f, Paragraph 1 of the Act on Municipal Self-Government. Specifically, the councilor, who served as vice-president of an association, was accused of allowing the association to operate from an office located within a building owned by a museum, which is an organizational unit of the municipality. This situation raised questions about the potential misuse of communal assets for private economic gain.

However, the Supreme Administrative Court's intervention highlights that such a connection, particularly through an association, does not inherently constitute a violation. The court stressed the need for concrete evidence demonstrating direct economic activity or management utilizing municipal property. The ruling serves as a vital safeguard, ensuring that councilors are not unfairly stripped of their elected positions based on indirect associations or administrative entries. It underscores the principle that due process and substantial proof are necessary before such a severe measure as the termination of a public mandate can be enacted.