Koncesjonowanie działalności gospodarczej
Legal Problems of Licensing Economic Activity
Autor analizuje problematykę koncesjonowania działalności gospodarczej określoną przez ustawę o działalności gospodarczej z 1988 roku. Omawia istotę koncesji, działalność gospodarczą wymagającą jej uzyskanie, organy koncesyjne, charakter prawny koncesji, warunki jej udzielania oraz kontrolę działalności koncesjonowanej.
In a traditional approach a licence was treated as an administrative contract whose aim was to entrust an authorised entity with tasks related to public administration. Today a "licence" has a character of "industrial permision" which provides an opportunity to take up an economic activity in the sphere controlled by the state. Licence requiring activities are defined by the act of December 23 1988 on economic activity. The obligation to obtain a licence can also result from other acts (e.g. the act on radio and TV). The licence is granted by the supreme organs of state administration. However, there are exceptions to this rule (the provincial inspector or pharmaceutical supervision grants licences to run pharmacies, the governor - for searching and extracting common natural resources). The above-mentioned authorities are obliged to grant a licence if the applicant meets all the requirements. Positive duties in this respect result from the nature of economic activity and are defined in particular regulations. The act on economic activity determines negative premises which are the basis to refuse a licence. The licence has a character of administrative decision. As such it should be subject to instance control - due to the fact that the licence is granted by the supreme bodies the applicant can turn to a proper organ to reconsider the case when the application has been turned down. Decisions as regards licences are subject to the control of the Supreme Administrative Court as to their legality. "The licence" has a character of administrative decision.(original abstract)