Mr Hoefner, Mr Elser, Please Welcome to Poland. Some Comments on the Polish Healthcare System Reform from the Perspective of State Aid Law
Streszczenie
The purpose of this paper is to verify the hypothesis that a debt write-off
implemented recently by Polish authorities in favour of public hospitals constitutes
State aid within the meaning of Article 107(1) of the Treaty of the Functioning of
the European Union. The paper contains a detailed description of the nature of the
measure – its historical background, regulatory context, as well as its construction.
It presents an in-depth analysis of the fulfilment by the measure of the conditions stipulated in Article 107(1) TFEU. As a preliminary issue, the analysis addresses
the problem whether Polish public hospitals can be considered as undertakings
within the meaning of EU competition law, particularly, as to their activity financed
by the sickness fund organized under the principle of social solidarity. The answer
to this question seems to be affirmative and in line with the landmark Hoefner and
Elser judgments where the ECJ held that the way in which an entity is financed
is irrelevant for its classification as an undertaking. The paper argues in favour of
the thesis that the debt write-off must be considered as affecting trade between
Member States and competition. Consequently, and contrary to the official position
of the Polish government, the measure in question is classified as State aid.
Kolekcje
- Artykuły / Articles [16126]
Poza zaznaczonymi wyjątkami, licencja tej pozycji opisana jest jako Creative Commons Uznanie autorstwa 3.0 Polska
Powiązane pozycje
Wyświetlanie pozycji powiązanych tytułem, autorstwem i tematem.
-
The Future of the Multi-Ethnic African State: On the Perspective of Ifeanyi A. Menkiti
Trzciński, Krzysztof (Polish Academy of Sciences, Centre for Studies on Non-European Countries, 2010)In this article, I present and critically analyze the main ideas of the Nigerian thinker, Ifeanyi A. Menkiti, on the future of the multi-ethnic state in Africa. Menkiti appears to consider that the basic condition for the ... -
The Significance of Geographic Location for the Success of Territorial Secession: African Example
Trzciński, Krzysztof (Sciendo, 2004)Political and economic factors always play the main role in the secession of territory. Various aspects of geographic location may however facilitate or hinder secession, as well as the effective functioning of the newly ... -
Particle Filter in State Vector Estimation Problem for Power System
Kozierski, Piotr; Lis, Marcin; Ziętkiewicz, Joanna (Przemysłowy Instytut Automatyki i Pomiarów PIAP, 2014-01)Particle Filter is a tool, which has been used more frequently over the years. Calculations with using Particle Filter methods are very versatile (in comparison to the Kalman Filter), which can be used in high complex and ...