POSTĘPOWANIE W SPRAWIE UDZIELANIA OGRANICZONEJ LICZBY KONCESJI
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Date
2005
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Wydział Prawa i Administracji UAM
Title alternative
PROCEEDINGS AIMING TO LIMIT THE NUMBER OF THE CONCESSIONS
Abstract
The paper enlists the main changes in the concessioning o f business activity which were implemented
after the Act on Freedom of Economic Activity was adopted on 2 April 2004, and it discusses
the consequences of the reduced number of the types of business activity that are subject to
concessioning, and the manner in which special terms and conditions of carrying out certain business
activities are determined. Special attention is given to the institution of a tender which aims
at identifying the number and type of potential concessions if their number is to be limited. General
provisions relating to the procedures prior to the tender are discussed and compared with specific
solutions regulated in the Act on radio and television of 29 December 1992. Further, the main
elements of a tender implemented in the Act on Freedom of Economic Activity are presented in relation
to the solutions of the civil code, and the manner of their regulation as well as the role of the
tender in the concessioning process are discussed. It is also pointed out that in comparison with the
solutions adopted in the Act on special economic zones of 20 October 1994 and issued on the basis of
decisions made by delegated statutory authorities, the ‘concessionary tender’ is not of a comprehensive
character and does not, at least in the legal form adopted for it by the legislator, improve
the said procedures.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 67, 2005, z. 4, s. 51-65