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Działalność gospodarcza poddana reglamentacji w świetle orzecznictwa Trybunału Sprawiedliwości na przykładzie prowadzenia gier hazardowych
Abstract
ECONOMIC ACTIVITY SUBJECTED TO REGLAMENTATION IN THE LIGHT OF THE CASE LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION EXEMPLIFIED BY CONDUCTING GAMBLINGIn EU law, conducting gambling is classified as the exercise of the freedoms of the internal market, regulated in the Treaty on the Functioning of the European Union. Conducting gambling is not currently regulated or harmonized at EU level, and therefore the regulation of gambling is the competence of Member States. EU law defining acceptable ways of regulating gambling in the Member States is now a judge-made law and the result of the creative jurisprudence of the Court of Justice of the European Union. So far, the Court has issued dozens of judgments in which it interpreted Treaty provisions proclaiming the freedoms of the internal market in the context of conducting gambling. These judgments provide a direct or indirect assessment of whether national law complies with EU law.
The article explores the concept of monopoly from legal and economic perspectives, and aims to develop a unified analytical framework for assessing monopolistic structures within economic governance systems. The author categorizes monopolies into three types: factual, natural, and legal, analysing their features and interrelations in the context of European and Polish law. Special attention is given to the interaction between legal regulations and economic realities, proposing that the notion of a “monopoly system” integrates these categories. The article provides a conceptual framework aligned with EU law principles, emphasizing the need for compliance with proportionality and internal market rules. Examples from Polish law, such as the currency monopoly and the organization of sports competitions, illustrate the discussion.
The aim of the study is to present the influence and importance of European Union law on the development of public economic law in Poland. This impact was undoubtedly very significant – it changed in the pre-accession period and after Poland’s accession to the EU and covered many areas. The science of public economic law has long addressed current issues concerning the impact of EU law as well as the acquis communautaire of the European Union on the subject matter of this particular discipline of jurisprudence. The interest in European (EU) topics affected domestic legal studies as a whole and was, for understandable reasons, also applied by other scientific disciplines from their own respective research perspectives. Even in the previous socio-political-economic system, in the period of the Polish People’s Republic, scholars dealing with current public economic law analyzed systemic and specific (detailed) issues of various types, which is confirmed by a review of the literature. Undoubtedly, this influence of legal norms and the EU acquis, both in the pre-accession period and then in the period of EU membership, has increased significantly and has transformed the legal order. These changes concern both the legal situation of entrepreneurs and the position (status) of public authorities, especially economic administration bodies, and the entire mechanism of implementing the multicentric legal system in the social market economy. Substantive, procedural and organizational norms have been transformed, which at the same time sometimes required a revision of previous research attitudes. However, this has definitely opened up new prospects for scientific cognition and teaching in the university world and significantly influenced economic turnover
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