POSTĘPOWANIE W SPRAWIE UDZIELANIA OGRANICZONEJ LICZBY KONCESJI

Abstract

The paper enlists the main changes in the concessioning o f business activity which were implemented after the Act on Freedom of Economic Activity was adopted on 2 April 2004, and it discusses the consequences of the reduced number of the types of business activity that are subject to concessioning, and the manner in which special terms and conditions of carrying out certain business activities are determined. Special attention is given to the institution of a tender which aims at identifying the number and type of potential concessions if their number is to be limited. General provisions relating to the procedures prior to the tender are discussed and compared with specific solutions regulated in the Act on radio and television of 29 December 1992. Further, the main elements of a tender implemented in the Act on Freedom of Economic Activity are presented in relation to the solutions of the civil code, and the manner of their regulation as well as the role of the tender in the concessioning process are discussed. It is also pointed out that in comparison with the solutions adopted in the Act on special economic zones of 20 October 1994 and issued on the basis of decisions made by delegated statutory authorities, the ‘concessionary tender’ is not of a comprehensive character and does not, at least in the legal form adopted for it by the legislator, improve the said procedures.