Działalność gospodarcza gmin - wybrane zagadnienia
Ładowanie...
Data wydania
2007
Autorzy
Tytuł czasopisma
ISSN
1689-8052
eISSN
Tytuł tomu
ISBN
eISBN
Wydawca
Oficyna Wydawnicza AFM
Abstrakt
The district is one of the three units into which Polish country is divided.
It encompasses citizens (who comprise the local community) and the
district area. It possesses legal entity, is a legitimate owner of various assets
and is obliged to satisfy collective needs of the community. The fact
that, on the one hand, the local government has got legal responsibility
to achieve a whole range of objectives, and on the other it needs to
manage the assets it has to its disposal, forces it to organize and conduct
a considerable entrepreneurial activity. Characteristic features of these
activities are: its professional and business-like character; subordination
to the rules of cost-effectiveness and profitability or the principles of
rational management; sole proprietorship, repetitive nature of business
actions; and being an integral part of country’s economy. Business activities
constitute a specific part of communal (regional) economy that may
have a commercial and non-commercial character. The commercial activities are characteristic of public domain, and
are defined as “current and incessant fulfillment of citizens’ collective
needs via providing generally available services” by the district’s administrative
units (paragraph 1, section 2 of Act on Communal Activities).
In this scope (i.e. within the public domain) business activities are not
subject to any restrictions. From the very nature of local government,
and according to paragraph 9, section 2 of Local Government Act, it
is evident that public domain activities of local governments are desirable,
allowed, necessary and possible.
However, those commercial activities that are beyond the public
domain may be held only in situations enumerated by the Act on Communal
Activities (paragraph 10 and 13, section 1) and only if these activities
are undertaken on behalf of a limited/public limited company.
This business activity “is to satisfy collective needs of the community”,
and, in agreement with the auxiliary principle, it should be organized
in those capacities and fields that cannot be satisfied by the private
sector. Local governments should refrain from those commercial activities
that collide with the interests of private entrepreneurs and from
these sectors in which collective needs have already been satisfied.
Opis
Tematy
Słowa kluczowe
gmina, samorząd terytorialny, działalność gospodarcza, reforma samorządowa, 1 stycznia 1999 r., powiat, województwo
Źródło
Studia Prawnicze. Rozprawy i materiały 2007, nr 1, s. 333-346.