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LICENSES TO BUILD AND TO PROVIDE SERVICES - NEW LEGAL SOLUTIONS

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Szustakiewicz P.

Ius Novum

2009

issue 2

31-44

The article presents the main legal institutions defined in the Act of 9 January, 2009 on licenses to build or to provide services (Dz. U. No 19, entry 101). The author discusses a subjective and objective scope of exemptions from the regulations of the Act. The present solutions are slightly different from the ones adopted in the Act of 29 January 2004 - Competitive Tendering Law. A license to build or to provide services also differs from the institution of a license proposed in chapter 4 of the Act of 2 July, 2004 on the freedom of business activities. A license under the discussed regulations is a contract concluded in the mode defined in the discussed regulations, whereas a license under the Act on the freedom of business activities is an administrative decision regulating some specified types of business activities. The legislator introduced a number of significant simplifications of the procedures in order to increase the pace of proceedings. Handing over the competence of decision making in cases regarding license granting to administrative courts is an example of this simplification. It is a new solution. The legislator assumes that, at the time of a crisis, the new act will be a good solution which can be one of the solutions enabling to efficiently deal with problems created by the present slump in the market of building and the market of services.

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LICENSES TO BUILD AND TO PROVIDE SERVICES - NEW LEGAL SOLUTIONS