PRAWNE ASPEKTY WSPIERANIA ROZWOJU PRZEDSIĘBIORCZOŚCI - USTAWA O SWOBODZIE DZIAŁALNOŚCI GOSPODARCZEJ ORAZ USTAWY USTROJOWO-KOMPETENCYJNE
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Date
2005
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Wydział Prawa i Administracji UAM
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LEGAL ASPECTS OF SUPPORTING ENTREPRENEURSHIP - ACT ON THE FREEDOM OF ECONOMIC ACTIVITY AND OTHER RELATED ACTS
Abstract
The Act on Freedom of Economic Activity of 2 July 2004 regulates two types of issues: the starting
up, running and liquidating a company in Poland and the tasks of the organs of public administration
in that respect. The scope of the said Act clearly continues the concepts expressed in the Act
on Economic Activity and adds to it provisions regulating the tasks of the public administration.
The legislator resigned from the earlier model which regulated the tasks and competences of
an organ of public administration, which, consequently, has not been included in a separate chapter
in the Act. At the same time a catalogue of general principles regulating individual organs of
public administration realising their statutory economic tasks was introduced. One of them is
a general undertaking to support entrepreneurship, the objective of which is the creation of favourable
conditions to start up and run a business.
The paper constitutes an analysis of the provisions of the Act on Freedom of Economic Activity
and other related acts from the point of view of realisation of the provisions of article 8 clause 1 of the
said Act by organs of public administration operating within the limits of their statutory tasks. The
main task here, from the public law point of view, is determination of the mutual relationship between
those acts, and an attempt to systematise public tasks in that regard.
The analysis conducted for the sake of the paper allows one to state that indeed there occurs
a relation between the discussed act and its government-related provisions. Among the tasks before
the organs of public administration and provisions of substantive law there are those which
realise the general norms, or provisions, of the analysed act. However, the manner in which they
are formulated indicates that both the tasks performed by organs o f public administration as well
as the manner in which they are delivered require far-reaching co-ordination. Although the legislator
seems to have been right to use the general norms to indicate the rules of proceeding for the
organs of public administration in economy, the legal regulations relating to their realisation still
fail to ensure their proper execution.
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Ruch Prawniczy, Ekonomiczny i Socjologiczny 67, 2005, z. 4, s. 37-49