Przegląd Ustawodawstwa Gospodarczego nr 04/2011

SPIS TREŚCI
Zdzisław Muras, Wyższa Szkoła Ekologii i Zarządzania w Warszawie
Przesłanki odmowy udzielenia koncesji na rynku paliw i energii
Summary
Prerequisites to denial of license on the fuels and electricity market
The undertaking of economic activity on the fuels and electricity market is subject to almost total state regulation, since business start-up and enterprise depends on obtaining a license.
The decision on granting a license takes the form of an individual administrative act, and the opportunity of issuing such an act materializes when the entrepreneur meets the statutory requirements. These requirements are called Prerequisites to Obtaining a License. This article presents in a systematic and comprehensive way questions of divisions regarding prerequisites to license and types of prerequisites underlying the denial of license on the fuels and electricity market. The present text reviews prerequisites contained in the Energy Law Act, simultaneously addressing their mutual correlation with prerequisites specified in the Act on Freedom of Business Activity. Taking into consideration the fact that the prerequisites to denial of license have been, as a matter of principle, described by vague notions, in this article the discussion on particular prerequisites has been additionally illustrated by the newest case law as well as the view of the doctrine.
 
Franciszek Strzyczkowski, University of Georgia, USA.
Teorie integracji europejskiej w literaturze amerykańskiej
Summary
Theory of European integration in the American literature
This article discusses various theories contributing to our better understanding of the European integration process mainly emerged in the American literature. Reflecting the multidimensional polity of Europe, the American field of “European studies” makes up a rather heterogeneous body of research in which competing legal, social and political science seeks to provide the most relevant model explaining the process of integration. Both American and European early integration studies were closely linked to early European integration enterprises, and were part of the initial interest of the United States in the European integration. These three main books published in the United States in the late 1950s gave a critical impulsion to the emerging field of European studies: The Uniting of Europe (Haas 1958), The Struggle to Unite Europe (Zurcher 1958), and The Schuman Plan (Diebold 1959) which are strongly rooted in the multiple growth in Europe. The paper also offers a broad overview of the development of theoretical approaches to the European integration in historical context. This development can be divided into three phases; explanatory, analytical, and constructive corresponding to main functions of European integration theory. Next to historical phases, this article points out three main areas of European studies dealing with European polity, policy and politics where different theoretical approaches emerge explaining evolution of European Community from a relatively traditional interstate treaty system into a new type of quasi-federal polity. Different theoretical approaches are mostly determined by the context and scope in which they are developed and because of it they are incommensurable. Nevertheless, in this article it is argued that different and sometimes competing perspectives can provide a better understanding of an issue that is explained by the particular theoretical approach.
Michał Barański, Uniwersytet Śląski
Umowa o pośrednictwo zwykłe
Summary
An ordinary mediation agreement
The most significant regulation of an ordinary mediation agreement in Poland was Code of Obligations of 1933.The article presents the institution of an ordinary mediation agreement on the basis of the ruling Civil Code regulations. Unfortunately, the ruling Civil Code regulations do not solve fundamental problems of this institution. The reviewed term 'ordinary mediation' was not defined by the representatives of the civil law doctrine. The article covers the substantive issues of definition of an ordinary mediation agreement, legal nature of an ordinary mediation agreement and legal regime of an ordinary mediation agreement in the context of article 750 Civil Code. The article presents relationship between an ordinary mediation agreement and other agreements for the mediation. In this article there are presented concrete proposals de lege ferenda.
 
POLEMIKA
Robert Jastrzębski, Uniwersytet Warszawski
Dematerializacja papierów wartościowych

Na marginesie pracy J. Jastrzębskiego: Pojęcie papieru wartościowego wobec dematerializacji, Warszawa 2009