Wrocław city councilors planned to introduce a total ban on the use and sale of fireworks within the city. However, their resolution required approval by the provincial governor, who did not grant such consent. This decision means the regulation did not come into effect, and the local ban is invalid. A governor may invalidate a resolution if they deem it contrary to law or exceeding the local government's authority.
City council resolution
The Wrocław City Council passed a resolution introducing a total ban on the use and sale of fireworks within the city.
Veto by the Lower Silesian Provincial Governor
The Lower Silesian Provincial Governor did not consent to the resolution coming into effect, resulting in its invalidation and lack of legal force.
Legal basis for invalidation
A governor may overturn a municipal council resolution if they deem it inconsistent with the law or exceeding the competences of the local government.
Context in other cities
In Gniezno, the city council positively reviewed a petition regarding a fireworks ban, but producers are protesting.
Plans to introduce a local fireworks ban in Wrocław have failed due to the refusal of the Lower Silesian Provincial Governor. The Wrocław City Council passed a resolution that was intended to completely prohibit the use and sale of firecrackers and fireworks within the city. According to local government law, such local regulations require approval by the government's representative in the province, i.e., the governor. The latter did not consent to it, which automatically renders the resolution invalid and not in force. The issue of fireworks bans periodically resurfaces in Polish local governments, especially before the holiday and New Year period. The main arguments for a ban are safety (injuries, fires), animal welfare (stress in pets and wild animals), and environmental pollution. Opponents, however, raise issues of tradition and the right to civil liberties and conducting business activity.The governor's decision is based on the provisions of the Act on Municipal Self-Government, which grants him the right to invalidate a resolution if he deems it inconsistent with the law or exceeding the statutory competences of the municipal council. This invalidation results in the immediate loss of legal force by the act. There is no information on the governor's detailed reasoning in this matter, but in similar cases in the past, reference was often made to excessive interference with the freedom of economic activity or lack of legal basis for such far-reaching restrictions. The issue of fireworks bans is not isolated. In Gniezno, as reported by Głos Wielkopolski, the city council positively reviewed a residents' petition regarding introducing such a ban. However, fireworks producers and sellers have not remained passive and sent an official letter to the city president on this matter, presumably arguing against such restrictions. Their position shows that this issue also has a significant economic dimension for the industry. The governor's decision in Wrocław may signal to other local governments that attempts to introduce total bans may encounter similar legal obstacles from the state administration. Ultimately, the use of fireworks in Wrocław remains legal for now, in accordance with nationwide regulations governing their use, sale, and safety.