Extraterritoriale Jurisdiktion im öffentlichen Wirtschaftsrecht / Extraterritorial Jurisdiction in Public Economic Law

1994 ◽  
Author(s):  
Werner Meng
Keyword(s):  
Public Economic ◽  
Economic Law ◽  
Extraterritorial Jurisdiction

scholarly journals Uwagi w sprawie publicznoprawnej determinacji ram przedmiotowych publicznego prawa gospodarczego

Prawo ◽  
2016 ◽  
Vol 320 ◽  
pp. 57-70
Author(s):  
Witold Małecki
Keyword(s):  
Criminal Law ◽  
Public Law ◽  
Polish Literature ◽  
The Public ◽  
Public Economic ◽  
Economic Law ◽  
Definition Of ◽  
Independent Branch

Comments on the public law framework for the scope of public economic lawThe evolution of administrative economic law into public economic law should cause extension of the scope of this section of law, corresponding to its name containing two determinants. However, the scope of public economic law presented in contemporary Polish comprehensive manuals of public economic law does not contain any references to economic criminal law, which is undoubtedly a section of law situated within the confines of public law. In order to determine the meaning of the determinant “public” in the name “public economic law” two models were proposed. In a “shaping” model the determinant “public”, together with the determinant “economic”, defines the scope of public economic law. Only accepting the view on economic law as an independent branch of law and — consequently — the view on public economic law as a divisive factor of the economic law as an independent branch of law allows to justify an omission of economic criminal law provisions which should be included into criminal law. Regarding economic law as an independent branch of law does not entitle one to include such provisions into it if they are classified as a part of another independent branch of law — in this case: criminal law. Another model is a “descriptive” one, in which the determinant “public” does not define the scope of public economic law — the scope is determined by the definition of public economic law. The only role of the determinant “public” is to describe a category of provisions that are included in public economic law. The model, however, does not justify the omission of economic criminal law provisions in the manuals because of a broad shape of the definition of public economic law presented in Polish literature.

scholarly journals Skutki prawne kontroli przedsiębiorcy prowadzonej z naruszeniem zasad kontroli

2018 ◽  
Vol 114 ◽  
pp. 623-636
Author(s):  
Michał Strzelbicki
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Public Economic ◽  
Economic Law ◽  
Scope Of Application ◽  
The Right ◽  
Legal Consequences

LEGAL CONSEQUENCES OF ENTREPRENEUR INSPECTION CONDUCTED IN VIOLATION OF PRINCIPLES FOR INSPECTIONWith the enforcement of the Business Activities Freedom Act, the provisions of Chapter 5 entitled “Entrepreneur Inspection” have become to apply in the Polish Public Economic Law. The essence of the regulation lies in the principles for inspection, namely standards to be met by each and every entrepreneur’s business inspection performed by administrative bodies. Legal regulation of entrepreneur inspection, providing for legal framework of the procedure and setting limits to the actions of the inspection authority, was aimed by the legislator to limit the natural advantage of the authority over the entrepreneur during the inspection proceeding.The legislator was aware that the very introduction of principles for inspection would not be sufficient to effectively protect entrepreneurs’ interests. For this reason, the administrative authorities have been obliged to apply the principles for trader inspection through far-reaching negative legal consequences to the authority in the event of breach. The article analyses such legal solutions which provide entrepreneurs with the right to pursue compensation from the state, and permit demanding that the evidence gathered during the inspection could not be used against such trader by the administration authorities the “fruit of the poisonous tree” principle. The author presents the scope of application of both such instruments, and takes a stand as regards related detailed issues which have so far been the bone of contention both in the doctrine and in the judgements.

scholarly journals Kierunki rozwoju nauki publicznego prawa gospodarczego z perspektywy instytucji i wartości konstytucyjnych

2018 ◽  
Vol 114 ◽  
pp. 547-557
Author(s):  
Katarzyna Kokocińska
Keyword(s):  
Economic System ◽  
Public Administration ◽  
Legal Regulations ◽  
Basic Point ◽  
Legal Norms ◽  
Public Economic ◽  
Economic Law ◽  
Legal Problems ◽  
Fundamental Values ◽  
Point Of Reference

DIRECTIONS OF THE DEVELOPMENT OF THE SCIENCE OF PUBLIC ECONOMIC LAW FROM THE PERSPECTIVE OF CONSTITUTIONAL INSTITUTIONS AND VALUESThe axiological justification of legal norms is an important area of research on general legal problems. Legal norms should be embedded in values, and constitutional institutions and values constitute the basic point of reference for adopted legal regulations, setting the direction of regulation. In the research on public economic law, the method of recognition and the constitutional guarantee of the economic system are of particular importance. This approach has a direct reference to the functioning of public administration in the economy economic administration as a directive of its specifi c activity, defining a system of values protected by public economic law. Constitution is the source of fundamental values and legal institutions that give legal constructs a uniform meaning for the whole science of public economic law. Institutions and constitutional values order the actions of public administration in a specific sphere, which is the economy.

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