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Alternative title:

Legal structure of supervision over regulated business activity

Subject and Keywords:

regulated business activity   supervision   register of regulated business activity   entrepreneur

Description:

Tyt. tomu: Praworządność, decentralizacja, przedsiębiorczość. Księga jubileuszowa Profesora Leona Kieresa

Abstract:

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.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:

2018

Date copyrighted:

2018

Resource Type:

text

Identifier:

ISSN 0239-6661   ISSN 0137-1134

DOI:

10.19195/0137-1134.114.28

Language:

pol   eng

Relation:

Acta Universitatis Wratislaviensis, ISSN 0239-6661, No 3833. Przegląd Prawa i Administracji, ISSN 0137-1134, 2018, 114, s. 447-460

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.