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Milczenie administracji publicznej w świetle ustawy o swobodzie działalności gospodarczej

100%
Trela A.
Przegląd Prawa i Administracji
|
2018
|
vol. 114
651-664
EN
The study regards a silence (inactivity) of an administrative authority according to the provisions of the Act of 2 July 2004 on economic freedom. The author is analysing provisions concerning settling the matter for the entrepreneur without an unnecessary delay, a lack of interpretation and not-entering an entrepreneur in the register of regulated activity within the appropriate period of time as prescribed by the mentioned Act. There is a reference to the procedural peculiarities coming out of the Act on the economic freedom with regards to the regulation of the Code of Administrative Procedure, and with reference to the doctrine on the inactivity of an administrative authority and the general concept of “silence of an administrative organ.”
2
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Struktura prawna nadzoru nad regulowaną działalnością gospodarczą

100%
Borkowski A.
Przegląd Prawa i Administracji
|
2018
|
vol. 114
447-460
EN
This work contemplates the special legal character of supervision, which is as an expression of the rationing role of the state in relation to the regulated business activities. The supervision carried out by an administrative body which operates a register of regulated business activity is exercised over an entrepreneur who performs such regulated activity. The supervision is therefore of an on-going character. Any decision prohibiting the entrepreneur from performing regulated business activity should be a consequence of making an assessment that performance of such activity will breach the norms of the material law. The supervisory role is therefore particularly connected with verifying the legality of operating a business. The legal capacity to perform supervision vested with the registry bodies serves to fulfi l the purpose of supervision. That purpose is to ensure the entrepreneurs will observe legal requirements for performing a particular regulated business activity. However, that purpose is not to ration the business activity in a typical manner, in particular through creatively doling out permits for performing specific activities, and therefore its purpose is not to decide how many entities may operate on the market in a given sector.
3

Regulowana działalność gospodarcza w dziedzinie usług turystycznych – uwarunkowania administracyjnoprawne

80%
Żywicka A.
Roczniki Nauk Prawnych
|
2013
|
vol. 23
|
issue 2
143-162
EN
The presented article discusses the administrative and legal aspect of restrictions imposed on economic operation in the area of tourism in Poland. The Author presents the legal aspect of registration in the Polish Register of Tour Operators and Tourism Intermediaries in the light of administrative and legal requirements to be fulfilled by entrepreneurs who undertake business in tourism. Also analysed are other administrative registers in which various tourist service providers are featured.
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