Rzecznik Małych i Średnich Przedsiębiorców: ombudsman czy organ administracji rządowej?
Ombudsman for Small and Medium-sized Enterprises: Ombudsman or a government administration body?

Summary/Abstract: The Ombudsman for Small and Medium-sized Enterprises (SME Ombudsman) is a new state body established pursuant to the Act of 6 March 2018. The author analyses its nature, asking whether it is another specialised body of government administration or maybe a special kind of ombudsman, that is to say an Ombudsman specialised in the protection of the rights of micro-, small and medium-sized enterprises (SMEs). First of all, the tasks and competences of the SME Ombudsman are analysed and a suggestion how to systematise them presented. The analysis leads to the conclusion that within the scope of intervention in individual cases of SMEs and activities aimed at a uniform interpretation of economic law, the only competent body to act seems to be the SME Ombudsman and the fact these tasks have not been regulated by the economic law provisions, emphasises the exceptional nature of these tasks and the special role of the SME Ombudsman. An analysis of the tasks and competences of the SME Ombudsman, the rules on the appointment and dismissal of that body, as well as comparative analyses relating to the original legislative approach to the institution and the status of other bodies referred to as ombudsmen suggest it is a high-profile body of legal protection. The author comes to the conclusion that it is of a hybrid nature, which cannot be strictly placed either within the category of a fully independent ombudsman, not dependent of the executive power, or within the category of a typical public administration body.

• Details
• Contents