Zgodność z prawem UE projektu ustawy o zmianie ustawy o ograniczeniu prowadzenia działalności gospodarczej przez osoby pełniące funkcje publiczne
Compatibility with EU law of the Bill on Amendments to the Act on Restriction of Business Activities by Persons Performing Public Functions

Summary/Abstract: The analysis of the proposed amendments to the Act on Restriction of Business Activities of Persons Performing Public Functions involves expanding the scope of the Act’s subject matter. The article analyzes the proposed amendments for their compatibility with EU law. The author concludes that making property declarations regarding a spouse’s separate property available on the Public Information Bulletin may violate data protection laws, so the proposed privacy restrictions cannot be considered necessary to achieve the intended purposes. Considerations also include the possibility of questioning the compatibility with EU law of certain provisions providing for the restriction of EU freedoms, despite the fact that they are non-discriminatory in nature, as well as serve to achieve an overriding general interest. Indeed, in the author;s opinion, there is no justification of the necessity of the envisaged solutions for the intended purpose.

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