ZADANIA ADMINISTRACJI PUBLICZNEJ W DZIAŁALNOŚCI GOSPODARCZEJ (PROBLEM ZAKRESU OBOWIĄZYWANIA PRAWA DZIAŁALNOŚCI GOSPODARCZEJ)
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Date
2002
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Wydział Prawa i Administracji UAM
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TASKS OF PUBLIC ADMINISTRATION IN BUSINESS ACTIVITY (SCOPE OF BINDING FORCE OF BUSINESS ACTIVITY LAW)
Abstract
Article one of the Business Activity Law Act stipulates that the Act regulates not only „principles
of undertaking and conducting business activity” but also „tasks of government administration
bodies and local governments in the area of business activity”. This stipulation broadens the
traditional object of material law acts that aim at defining the right of individual business entities
to conduct a business activity, which used to be the case in both Polish and foreign legislation. The
only exception is the Spanish Industry Act of 1992, which broadly regulates the tasks of public
administration in the economy.
The sole idea of regulating in the same act also the tasks of the administration resulted from
the lack of appropriate regulations on this issue. The idea should be appraised from this perspective,
and it was expressed in the separate chapter 8 devoted solely to the obligations of the administration.
The legislator’s intention was also to emphasise the change in the State’s obligations
toward entrepreneurs. The process of task decentralisation in the economy and the role of local
governments was taken into account. Especially characteristic in this respect are general tasks
accounted as „promoting business activity.”
These commendable intentions, however, have not yet found a full expression in concrete
legal regulations. Tasks expressed in general terms, addressed jointly to governing administrations
and local governments could not have a real influence upon business activity. In addition,
they were not harmonised with competence provisions in other acts, which in effect limits their
enforcement. Only the controlling functions of communes to ensure law obedience by entrepreneurs
were unambiguously ascribed to mayors and heads of rural communes and municipalities.
However, also these regulations evoke protests on the grounds of their limited precision. Also other legal acts are burdened with these and other faults. In the light of the Business
Activity Law Act and the current state of affairs one can see more and more distinctly the need to
order and harmonise the whole legislation concerning economic administration system and its
tasks in a market economy. This should in consequence limit the process of centralisation and
economic function concentration, as well as improve administration capacity to effectively perform
its functions in concordance with the law.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 64, 2002, z. 2, s. 137-152.