Legal Protection of Controlled Entities on the Basis of the Polish Act on Freedom of Business Activity

Abstract

High hopes for creating a viable system of protection of controlled entities were placed on the "large amendment" of Chapter V of the Act on Freedom of Business Activities concerning the control of businesses. The crowning achievement of the expectations of entrepreneurs would be granting them independent legal protection in the form of opposition to the taking up and pursuit of control activities by all inspection bodies. The subject of the article is to present an extremely current problem of the so-called objection proceedings, in particular the discussion of the scope of the subject and object, the determination of the effects of its filing, as well as the possibility of appeal against the order to continue the inspection operations by submitting complaints. The intention of this article is the analysis and evaluation of the rules in objection proceedings, which, from the point of view of the protection of legitimate interests of entrepreneurs raise many controversies.