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Rada Warszawy wezwana do usunięcia naruszenia prawa

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Bogdan Żmijewski i Andrzej Rogiński wystąpili do Rady m. st. Warszawy z wezwaniem o usunięcie naruszenia prawa w ustaleniach statutu m. st. Warszawy, celem jego poprawienia i doprowadzenia do zgodności z prawem.

Główne zarzuty dotyczą niezgodności z prawem zasad gospodarki mieniem, nieprzekazania dzielnicom zadań określonych w ustawie o ustroju m. st. Warszawy oraz braku transparentności działań Rady Miasta, a wręcz ich bezprawności przez nierealizowanie norm ustawowych demokratycznego państwa prawa.

Ponadto skarga wykazuje, że część zadań powierzonych statutem miasta dzielnicy wykracza poza upoważnienia ustawowe rady miasta, czyli jest bezprawna. W konsekwencji między innymi z tego powodu bezprawne są uchwały Rady m. st. Warszawy w sprawie nadania dzielnicom statutów oraz przekazania kompetencji.

Wezwanie o usunięcie prawa tymi uchwałami jest przygotowywane przez ekspertów i prawników i wkrótce będzie złożone.

Jeśli rada miasta nie poprawi powyższych uchwał w ciągu miesiąca, to zostanie złożona skarga do Wojewódzkiego Sądu Administracyjnego, celem uchylenia bezprawnych ustaleń zawartych w tych uchwałach.

Ponadto zostaną złożone wnioski do Wojewody, Prokuratora i Rzecznika Praw Obywatelskich, by w trybie nadzoru zaskarżyli te uchwały do sądu administracyjnego, celem doprowadzenia ich do zgodności z prawem, tj. by sąd uchylił bezprawne zapisy i by przeprowadzono kontrolę co do skutków prawno-finansowych wynikających z obecnego stanu prawnego, który w szczególności powoduje, że są wydawane decyzje administracyjne przez organy nieuprawnione, a to oznacza ich nieważność. To samo dotyczy nieuprawnionego dysponowania mieniem przez dzielnice oraz łamania prawa pracy przez wykonywanie go przez osoby nieuprawnione.

Skargę na statut miasta zamieszczamy na niniejszej stronie.
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