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1

Spory co do statusu prawnego Samodzielnego Publicznego Zakładu Opieki Zdrowotnej

100%
Łysoń A.
Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne
|
2016
|
vol. 19
161-177
EN
Life and health are values which are of fundamental importance both for individuals and for the proper functioning of society. Therefore, topics concerning health care in Poland have always aroused great controversy and numerous disputes. The functioning of the health care system is an important topic of public debate, scientific controversy, as well as private dispute amongst Poles. This article does not, however, focus on the sociological aspects of the operation of the health care system, but rather on the legal status of the primary legal-organizational unit of the system, namely independent public health care facilities. The analysis has been subjected to the genesis of the solutions functioning to date as well as the problems which have arisen in this respect. The legal conditions surrounding the activity of independent public health care facilities (IPHF) presented in this article, in particular the disputes as to whether or not these entities have alegal personality and entrepreneurial status, demonstrate alack of consistency on the part of the legislature, imprecision and inconsistency of regulations and anotable absence of aconception as to how the health care system should ultimately be shaped from the institutional point of view. Without denying the benefits of the introduction of modern methods of management in medical entities, it should be stressed that simply achange in the legal-organizational form is not comprehensive reform, but only afragment thereof.
2

Prawo przedsiębiorców — przedsiębiorca i reglamentacja na nowo?

100%
Łysoń A.
Prawo
|
2017
|
issue 323
235-245
EN
On 13 February 2017, the Government Center for Legislation published aproposed piece of legis­lation called Law of entrepreneurs prepared by the Ministry of Development and Finance. The pro­posed act is supposed to replace the Act on freedom of economic activity and, together with the package of other acts, will be called the “Business Constitution”. The proposed draft law actually contains anumber of far-reaching changes in the legal environment of entrepreneurs. Adetailed dis­cussion of all proposed changes is beyond the scope of asingle article. Therefore, the main emphasis will be on the analysis and attempt to evaluate the proposed solutions related to the modification of basic definitions such as economic activity and entrepreneur and solutions relating to economic rationing.
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