Przegląd Ustawodawstwa Gospodarczego nr 10/2011

SPIS TREŚCI
 
Wiesław Czyżowicz, Szkoła Główna Handlowa w Warszawie
Aleksander Werner,  Szkoła  Główna Handlowa w Warszawie
Oświadczenia w Kodeksie postępowania administracyjnego w świetle ustawy o ograniczaniu barier administracyjnych dla obywateli i przedsiębiorców
Summary
Statements in the Polish administrative proceedings in the scope of act on reducing of administrative obstacles for entrepreneurs and citizens
The purpose of introducing the act on reducing of administrative obstacles for entrepreneurs and citizens. Differences between a confirmation (issued by administrative body) and a statement (issued by a participant during administrative proceeding) in Polish administrative procedure. A confirmation as official document in the theory of evidences in administrative proceedings. Historical background of introducing official documents, statements and confirmations to the code of administrative procedure. The role of a statement in the administrative procedure as an evidence. Effects of the new regulation on reducing of administrative obstacles for entrepreneurs and citizens. Remarks concerning so-called convertible statement that might be used instead of confirmation.

Krystyna Nizioł, Uniwersytet Szczeciński
Wzmocnienie ram instytucjonalnych dla prowadzenia polityki budżetowej służące ograniczeniu wzrostu długu publicznego w Polsce
Summary
Strengthening the institutional framework for the conduct of budget policy to limit the growth of public debt in Poland
The aim of this paper is to discuss and analyze the regulation made ​​under the Act to amend the Public Finance Act and certain other acts of the Act of August 27, 2009, Public Finance. These changes are designed to strengthen the institutional framework for the conduct of fiscal policy. Their purpose is to reduce the rapid growth of public debt in Poland.
The amendment changes relate to, among others,  reinforce and complement the prudential and remedial procedures associated with multi-annual financial planning, the introduction the disciplining expenditure rule and the 10-year fixed rate of expenditure limits public sector entities.
 
Grzegorz Dobrowolski, Uniwersytet Śląski w Katowicach
Współdziałanie z organem wykonawczym gminy w postępowaniu koncesyjnym na podstawie ustawy z dnia 9 czerwca 2011 r. Prawo geologiczne i górnicze
Summary
Co-operation with municipality executive organ in the concession procedure on a  basis of an Act dated 9th of June 2011  on geological and mining law
The process of granting licence for activity regulated by geological and mining law is long and complicated. Cooperation between licence authority and commune head (town mayor or city mayor) plays an important role. It is the commune head, on a basis of concession project, depending on the kind of planned activity gives his opinion or consent. Current regulations result of many intepretative discussions and the imperfections of current model prolong the procedures.
On the 1st January 2012 shall come into force a new Act regulating the rules of exploitation of geological resources. To be more precise it is going to be the Act on Geological and Mining Law from 9th June 2011. This Act does not introduce important changes when it comes to cooperation with the executive office of the commune. When the new law comes into life granting the licence for:
- Seeking or recognition of mineral deposits will require an opinion of commune head (town or city mayor) which is responsible for the territory of prospected activity,
- Exploitation of minerals from deposits, underground "non tank" storage of substances or underground waste storage will require an consent commune head (town or city mayor) which is responsible for the territory of prospected activity; the agreement is going to be based on accordance between prospected activity and destination or usage of real estate.
Most important changes included in new Geological and Mining Law, in analyzed area, are: modification of licence agreements and introduction of criteria allowing for deciding weather the executive authority kept the date of granting the opinion or the consent. The new law includes also an important regulation regarding cooperation in granting licence for seeking, exploration and exploitation of hydrocarbons if it is preceeded by a tender according to an official procedure.
 

Joanna Kielin – Maziarz, Akademia Leona Koźmińskiego
Nowe rozporządzenie EMAS III
Summary
The New EMAS III Regulation
The new EMAS III regulation was adopted on 11th of January in 2010. This act replaced the previous one concerning the EMAS system. This new regulation was the answer for the challenges predicted by the European Union Sustainable Development Policy. One of its challenges in this area is  Sustainable Consumption and Production and Sustainable Industrial Policy. New EMAS III regulation is one of the measures by which Sustainable Consumption and Production and Sustainable Industrial Policy is realized. The EMAS III system introduces new measures by which organizations, operating on the bases of this system, could become more “sustainable” actors. 
The EMAS III contents means by which the number of organizations participating in this system could grow. That could be achieved for example by connecting the new regulation with the Green Public Procurement system, because implementing the environmental management system is one of the conditions of the public procurement procedure. Besides this measure, new regulation predicts the higher connection between the EMAS III and the other environmental management systems – in order to facilitate the registration in the  EMAS. New regulation also gives wider possibilities for small organizations – there are a lot of conveniences for them, especially those by which they will be able to implement the system and fulfill all its requirements.  EMAS III also contains the possibility for clusters – groups of organizations – to introduce the system.
The mean introduced in order to achieved the mentioned above goal is also the wider promotion of the system, inter alia by its logo – according to the new regulation, this logo should be a communication and marketing tool. 
The main stipulation of the new regulation is to create the system which will reduce the burden of regulatory and administrative requirements, imposed by the environmental law,  by introducing the relieves for organizations that intend to implement the environmental management system.
 

KONSULTACJE
Łukasz Pasternak, Uniwersytet Stefana kardynała Wyszyńskiego w Warszawie
Czy oferta o najniższej cenie jest najbardziej korzystna dla zamawiającego?
Summary
Do tender with the lowest price is the most beneficial for the awarding entities?
The public procurement law plays a significant role in economic life, namely because obliged to apply this Act are public finance sector units within the meaning of provisions of public finances and other units who are obligated to apply public procurement law.
This article is the analysis of the criteria of the best tender in the public procurement and their application from the perspective of the awarding entities. The analysis of this subject has been concentrated in particular on cases in which the entities applying "in practice" provisions of the Act the Public Procurement Law in in the specification of essential terms of the contract show that the criterion for choosing the most advantageous tender will be 100% lowest price. It will be both advantages and disadvantages as the use of this as the sole criterion in procurement proceedings. In the article were compared to the Polish law regulations of public procurement law with the regulations of German law.
As practice shows a clear majority of contracts is awarded to the lowest price. However, this criterion allows to emerge offer the cheapest is not always equivalent to the highest degree the needs of the customer.
Develop written in the article contains a presentation: review of doctrine, industry representatives involved in the procurement and painting practice in procurement contracts.
It also contains applications allowing to answer the question posed in the title of the article.