THE PROHIBITION OF PLACING PETS INTO PUBLIC FACILITIES AS A SUBJECT OF REGULATION OF CLEANLINESS AND ORDER REGULATIONS IN THE COMMUNE

The legal regulations in Poland do not give the basis to enter the prohibition of placing pets into public facilities. Placing such prohibition in the act of local rank is a significant violation of the law, which makes it necessary to eliminate the norm from legal transactions. The self-government has a constitutionally guaranteed independence. However, this does not entitle the local government to introduce such a prohibition. This violates the principle of legality expressed in art. 7 of the Constitution of the Republic of Poland. Placing the prohibition in question is a violation of clearly statutory provisions. However, also other constitutional provisions remain violated if such a prohibition is introduced: these are, among others provisions regulating the principle of proportionality, resulting from art. 31 para. 3 of the Constitution of the Republic of Poland, which is expressed by the prohibition of excessive interference in the sphere of individual rights and freedoms. It requires legal means resulting from the application of legal provisions to be adequate to achieve the intended purpose and not go beyond what is necessary to achieve it