ZEZWOLENIA A SWOBODA DZIAŁALNOŚCI GOSPODARCZEJ
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Date
2005
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Wydział Prawa i Administracji UAM
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CONCESSION VS FREEDOM OF ECONOMIC ACTIVITY
Abstract
The Act o f 2 July 2004 brought about a number of major changes related to the rationing of
economic activity in Poland. Those changes have de facto concealed the permit to carry out a certain
economic activity with a new concessioning form - an obligation of an entry into the regulated
activity register - required before a certain economic activity may be started and run.
Despite the fact that the requirement of an entry has become a legal institution, the requirement
to obtain a permit, or concession that has existed till now, has not been abolished; hence the
novelty of the Act has become marginal. This, in turn, is contradictory to the objectives of the new
regulation and the subject of the Act on Freedom of Economic Activity, or its role as the principle
act in public economic law.
The resignation from common regulations of the act regarding permits in the Act on Freedom
of Economic Activity is also ungrounded from the technical point o f view of the legislative process
because many elements of the procedure have been similarly set out in 27 other acts on the procurement
of a permit, or concession, to carry out a certain economic activity.
A thorough revision of the whole issue could help to establish a certain orderly regime of rationing
specific economic activity within the scope of the Act in question. Still, an attempt to determine
the permit, or the concession model, even if such does not exist in the act on freedom of
economic activity, seems justified because it points to the direction of solutions pro futura, and
complements the regulations of specific acts.
Only proper sanctioning and regulation in one single act of all fundamental issues of rationing
economic activity, either by permits or concessions, would indicate the powers and competences of
organs of the state in the sphere of free business activity, thus creating effective standards of freedom
of economic activity.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 67, 2005, z. 4, s. 23-35