PRAWO DZIAŁALNOŚCI GOSPODARCZEJ REALIZACJĄ ZOBOWIĄZAŃ UKŁADU EUROPEJSKIEGO PRZEZ STRONĘ POLSKĄ W ZAKRESIE ZAKŁADANIA PRZEDSIĘBIORSTW
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Date
2002
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Wydział Prawa i Administracji UAM
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BUSINESS ACTIVITY LAW ACT AS FULFILMENT OF POLAND’S OBLIGATIONS FROM THE EUROPE AGREEMENT IN THE SCOPE OF UNDERTAKING A BUSINESS
Abstract
The European Association Agreement between the European Union and Poland is a legal act
regulating the legal aspects of undertaking and conducting a business activity in the area of the Republic of Poland by entities coming from the EU member countries. The provisions of art. 44 of
the Europe Agreement impose an obligation „to treat EC citizens and enterprises in a way that is
no worse than the treatment of Polish citizens and enterprises in the area of undertaking and
conducting business activity”. This obligation means that Poland should take immediate or gradual
action towards a condition in which „EC entities are treated in no worse a way than domestic
entities” in undertaking and conducting business activities on the territories of the parties to the
Agreement.
Accepting the principle of no worse treatment by the Polish side should result in a change of
the Polish law in such a way that no natural and legal persons from the EC countries are affected
by the laws that impose a special, disadvantageous course of undertaking and conducting a business
activity by foreign entities on the territory of Poland. Doing away with the discrimination
should gradually follow according to the agenda in the areas mentioned in the Europe Agreement.
Despite the above mentioned undertaking of the Polish side, it is only the Business Activity
Law Act of 1999 that comprehensively introduces legal solutions in this area. The Act introduces
a principle of free and equal treatment of foreign entities (including EC entities) in undertaking
and conducting business activities.
At the same time the legislator liberalised the principles of access to business activity for
foreign entities. Gradually the separate standards for these entities are being abandoned in the
area of undertaking and conducting business activities.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 64, 2002, z. 2, s. 3-19.