Opinia na temat zgodności z prawem Unii Europejskiej rządowego projektu ustawy o zmianie ustawy o działalności leczniczej oraz niektórych innych ustaw

In the author’s opinion, doubts can be raised as to compliance of the provisions concerning the prohibition of sale of stock and shares by public entities below the threshold of 51% of the issued capital of the company and the ban on the payment of dividends in the light of the principles of freedom of establishment and free movement of capital, due to the absence of proof that the purpose of these regulations is the public interest and the failure to demonstrate that obedience of the principle of proportionality. To the extent that it prohibits the disposal of stock and shares by public entities and to the extent that it prohibits the payment of dividends, the bill in question may be regarded as contrary to EU law