Regulation of economic activity in the light of the Law on Entrepreneurs against the background of previous regulations Cover Image

Reglamentacja działalności gospodarczej w świetle ustawy Prawo przedsiębiorców na tle unormowań wcześniejszych
Regulation of economic activity in the light of the Law on Entrepreneurs against the background of previous regulations

Author(s): Michał Strzelbicki
Subject(s): Recent History (1900 till today), Law on Economics, Financial Markets, Commercial Law
Published by: Uniwersytet Adama Mickiewicza
Keywords: Regulation of economic activity; Law on Entrepreneurs; against the background of previous regulations;

Summary/Abstract: This article explores the regulation of economic activity (licences, permits, registers of regulated activity) as laid down in the new Polish act: Law on Entrepreneurs against the background of the previous acts of 1988, 1999 and 2004. The author attempts to answer questions which are key from the systemic perspective: whether the new form of economic activity regulation corresponds with the objectives and the scope of the law on entrepreneurs, and whether it will strengthen or weaken the level of legal protection of economic freedom of entrepreneurs conducting regulated business activity. While searching for answers to these questions, prior to offering an assessment of the new legal provisions, the author provides a review of the previously applicable laws on the regulation of business activity and compares them with the laws currently in force. This comparison leads to a conclusion that the burden of regulating economic activity has been shifted from a general act: Law on Entrepreneurs to special acts, devoted to particular types of regulated activity. Although the change of the place of the provisions in question in the legal system did not result in any significant change as regards their substance, the author asserts that it may affect their interpretation and, consequently, the legal position of entrepreneurs conducting business activity in the regulated markets.

  • Issue Year: 80/2018
  • Issue No: 4
  • Page Range: 73-87
  • Page Count: 15
  • Language: Polish