Przesłanki udzielenia koncesji w ustawie Prawo energetyczne a koncepcja swobody prognozowania w procesie podejmowania decyzji koncesyjnej
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Date
2014
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydawnictwo Naukowe UAM
Title alternative
Premises for granting a concession contained in the Act on Energy law and the freedom of forecasting in the concession decision-making process
Abstract
It is increasingly frequent nowadays that tasks undertaken by public administration in the economic sphere are not, or cannot be, precisely defi ned. It may also be noted that the regulations of the decision-making process contain specifi c legal solutions which impose on the administrative body a duty to establish and assess the actual state of affairs and to refer to the intended one. In German science of public law, such manner of setting standards or regulating tasks of public administration is termed ‘freedom to predict’. This subject is analysed in the practical as well as theoretical sphere. Thus, it was fi rst necessary to focus on the legal forms of the functioning of public administration, different ‘gaps’, or freedoms in deciding by administrative bodies, and the judicial (court) manner of their supervision. Provisions of the Energy law of 10 April 1997 are certainly a refl ection of the regulation of this ‘freedom to predict’. The authoress places this freedom within the framework of discretionary powers requiring an assessment of a situation in the context of the intended (future) condition. The following have been analysed: availability of fi nancial resources guaranteeing that the applicant will be capable of proper conduct of economic activity, and documenting the possibility of procuring the necessary funds, availability of technical resources ensuring proper execution of business, human resources and availability of appropriately qualifi ed personnel. Another premise is a warranty of performance of the activity under concession, including observance of energy safety and energy policy provisions. Finally, reader’s attention is drawn to the differences in judicial supervision of acts-at-law taken in the process of administrative approval and freedom to predict.
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Keywords
concession, predicting, underspecified concepts, discretion, energy law
Citation
Studia Prawa Publicznego, 2014, Nr 2 (6), s. 101-129
ISBN
978-83-232-2743-4