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Prof. dr hab. Maciej Rogalski
ORCID: 0000-0003-4366-642X

Professor at the Department of Administrative Law of the Lazarski University, legal advisor.

 
DOI: 10.33226/0137-5490.2023.3.1
JEL: K23

The subject of the article is an analysis of the provisions of Art. 99 sec. 3 points 2–3 of the Pharmaceutical Law (PL), which provide for anti-concentration restrictions for entities running pharmacies, and the provisions of Art. 37ap sec. 1 point 2 of the PL, according to which the authority issuing the permit to operate a generally accessible pharmacy withdraws the permit if the entrepreneur no longer meets the conditions set out in the law, required to perform the business activity specified in the permit. The article formulates two research issues: whether the provisions of Art. 99 sec. 3 points 2–3 PL apply only in the process of issuing a permit to operate a generally accessible pharmacy or also in the course of conducting business in the form of a generally accessible pharmacy, and whether, in the event of a violation of the provisions of Art. 99 sec. 3 points 2–3 PL the legal basis for withdrawing the permit is Art. 37ap sec. 1 point 2 PL? The analysis carried out in the article leads to the conclusion that the provisions of Art. 99 sec. 3 points 2–3 PL the requirements to meet anti-concentration restrictions are conditions not only for obtaining a permit, but also it is necessary to comply with them throughout the entire period of conducting business in the form of a generally accessible pharmacy. In addition, in the event of a breach of the requirements set out in Art. 99 sec. 3 PL, the legal basis for withdrawing the permit is art. 99 sec. 3 points 2–3 PL in connection with Art. 37ap sec. 1 point 2 PL.

Keywords: conditions of running a pharmacy; permit; revocation of the permit; anti-concentration requirements; application of anti-concentration requirements
DOI: 10.33226/0137-5490.2021.10.3
JEL: K23

The provisions of the telecommunications law regulate the conduct of auctions in order to allocate the frequencies necessary to provide services in 5G technology. For the first time, the regulations provide for security requirements for telecommunications infrastructure. The subject of the analysis is to answer the question what are the legal remedies and which entities are entitled to use them at various stages of the auction, as well as in the period preceding it. In particular, it was examined whether it is possible to bring appeals against acts or actions in the field of public administration undertaken in the period preceding or commencing the auction.

Keywords: complaint; administrative act; administrative action; telecommunications auction; frequency allocation