The judicature of the administrative courts shows a lack of uniformity in assessing the admissibility of lodging of the appeal to the administrative court on the resolution of the commune council on holding a referendum on the dismissal of the commune head (mayor, president of the city) by the person holding the office of the executive body of the commune. For a long time, the dominating position was in favour of the admissibility of a complaint in such cases, due to the provision of judicial protection to the commune head (mayor, president of the city) in a case aimed at examining the legality of an act of a commune body. However, a different view was expressed e.g. in the decision of the Supreme Administrative Court of October 19, 2022, ref. act III OSK 1560/22. According to the glossator, this view deserves full approval, because in the case of these resolutions, it is impossible to speak of a violation of a legal interest (entitlement), on which the legislator based the effective lodging of the appeal to the administrative court.