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Gospodarka komunalna — samodzielność gospodarcza jednostek samorządu terytorialnego a interes publiczny

100%

Odachowski J.

nr 323

299-310

The article is devoted to the problem of economic activity of territorial local government (municipal economy). Important question is related to the idea called “municipal economy”. It means realization of “own tasks” by territorial local government. It is also necessary to indicate that in a sphere of economic activity of territorial local government there are two legal dimensions. First of these is an activity connected with the “public utility”. This question means that territorial local government has to supply general needs of all people who live in aparticular part of Poland. Second is linked with activity, which aim is to gain financial profits. The author also especially draws attention to the problem of process of public tasks privatisation. This phenomenon often appears nowadays. It consists of atransfer of public tasks from state (or territorial local government) to private organizations. Another way of mentioned privatisation is only connected with achange of method of realization public tasks (but not akind of organization). In that situation state or territorial local government resigns from the public mode of making foregoing tasks and does it in aprivate way, which is related especially with payments. It is necessary to indicate influence of the public interest on a sphere of economic self-dependence of territorial local government in following dimensions: legal forms of undertaking of economic activity by territorial local government, continuity of economic activity of territorial local government, legal possibility of undertaking economic activity by territorial local government (in mentioned above two legal dimensions) and — last but not least — the transfer of public tasks from territorial local government to private organizations.

Introduction to the Principles of Morals and Legislation" authorship by Jerome Bentham as a contribution to the discussion on the subject of the public interest and the principle of proportionality

86%

Uchańska J.

nr 3 (195)

171-190

The paper in-question presents the theme of the modern utilitarianism with the release of J. Bentham, which is a crucial issue to discuss the concept of the public interest and understanding the background of axiological foundations of competition law and patent law. The idea of the eternal "conflict": the private interests versus the public interest, is presented in the literature frequently. J. Bentham in his principal work: "Introduction to the Principles of Morals and Legislation" made remarks on the interests of society. According to Bentham, however, there is no contradiction between the interests of individual and social interests because, as John Stuart Mill claimed later: the mutual kindness permeates society and the condemnation from the environment and gathering of suffering neighbor, cannot anyone give pleasure. The view of these two seem to be correct, especially through the prism of the present legislation and the case-law and their using the principle of proportionality, which is the key to resolving the alleged conflict between aforementioned interests. The rule of proportionality is exposed as a tool of the modern utilitarianism. In the light of primary understanding of competition law and industrial property law above-mentioned issues are presented in this paper.