Prawna ochrona tytułu zawodowego
The study concerns the legal protection of professional titles, which are related to professional activities. It presents the genesis of such professional titles and their protection in Poland, which initially related to the protection of selected so-called ‘free legal professions’ (such as tax adv...
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| Format: | Article |
| Language: | English |
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Adam Mickiewicz University, Poznan
2022-11-01
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| Series: | Studia Prawa Publicznego |
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| Online Access: | https://pressto.amu.edu.pl/index.php/spp/article/view/36142 |
| _version_ | 1797839881744941056 |
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| author | Jarosław Dobkowski |
| author_facet | Jarosław Dobkowski |
| author_sort | Jarosław Dobkowski |
| collection | DOAJ |
| description |
The study concerns the legal protection of professional titles, which are related to professional activities. It presents the genesis of such professional titles and their protection in Poland, which initially related to the protection of selected so-called ‘free legal professions’ (such as tax advisor, advocate, legal advisor, patent agent). The evolution of the subjective scope of how these professions occurred is also presented, including the introduction of this type of solution in relation to certain professions termed ‘free economic professions’ (chartered accountant, stockbroker and investment advisor), certain ‘free medical professions’ (nurse/nurse, midwife/midwife, laboratory diagnostician, physiotherapist, pharmacist), and selected socalled ‘free professions’, within which no professional self-governments functions (real estate appraiser). In this regard, it is noted that the legal protection of professional titles went beyond the scope of professional activity and also covered certain spheres of economic activity, an example of which are detective services provided by persons holding the professional title of detective. Against the background of the analysis of European standards, it is established here that the introduction of legal protection of professional titles should now be regarded as one of the means of regulating access to a profession. It is shown that the essence of the legal protection of the professional title comes down to the right of authorised persons to use the title on an exclusive basis, in order that other persons may not use the reserved title in this way, nor may their behaviour mislead the users of their services as to the fact that they hold a specific professional title, even if they have the appropriate knowledge and skills. There are various forms of legal protection – criminal, administrative and civil liability measures apply, but there are no comprehensive guarantees. A legally protected professional title can also be regarded as one of the determinants of the concept of a profession.
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| first_indexed | 2024-04-09T16:05:24Z |
| format | Article |
| id | doaj.art-8802abc77ba84703a230a347ede64776 |
| institution | Directory Open Access Journal |
| issn | 2300-3936 2720-2445 |
| language | English |
| last_indexed | 2024-04-09T16:05:24Z |
| publishDate | 2022-11-01 |
| publisher | Adam Mickiewicz University, Poznan |
| record_format | Article |
| series | Studia Prawa Publicznego |
| spelling | doaj.art-8802abc77ba84703a230a347ede647762023-04-25T06:42:36ZengAdam Mickiewicz University, PoznanStudia Prawa Publicznego2300-39362720-24452022-11-013 (39)10.14746/spp.2022.3.39.3Prawna ochrona tytułu zawodowegoJarosław Dobkowski0Uniwersytet Warmińsko-Mazurski w Olsztynie The study concerns the legal protection of professional titles, which are related to professional activities. It presents the genesis of such professional titles and their protection in Poland, which initially related to the protection of selected so-called ‘free legal professions’ (such as tax advisor, advocate, legal advisor, patent agent). The evolution of the subjective scope of how these professions occurred is also presented, including the introduction of this type of solution in relation to certain professions termed ‘free economic professions’ (chartered accountant, stockbroker and investment advisor), certain ‘free medical professions’ (nurse/nurse, midwife/midwife, laboratory diagnostician, physiotherapist, pharmacist), and selected socalled ‘free professions’, within which no professional self-governments functions (real estate appraiser). In this regard, it is noted that the legal protection of professional titles went beyond the scope of professional activity and also covered certain spheres of economic activity, an example of which are detective services provided by persons holding the professional title of detective. Against the background of the analysis of European standards, it is established here that the introduction of legal protection of professional titles should now be regarded as one of the means of regulating access to a profession. It is shown that the essence of the legal protection of the professional title comes down to the right of authorised persons to use the title on an exclusive basis, in order that other persons may not use the reserved title in this way, nor may their behaviour mislead the users of their services as to the fact that they hold a specific professional title, even if they have the appropriate knowledge and skills. There are various forms of legal protection – criminal, administrative and civil liability measures apply, but there are no comprehensive guarantees. A legally protected professional title can also be regarded as one of the determinants of the concept of a profession. https://pressto.amu.edu.pl/index.php/spp/article/view/36142professionregulation of professional activitiesprofessional titlelegal protection of professional titles |
| spellingShingle | Jarosław Dobkowski Prawna ochrona tytułu zawodowego Studia Prawa Publicznego profession regulation of professional activities professional title legal protection of professional titles |
| title | Prawna ochrona tytułu zawodowego |
| title_full | Prawna ochrona tytułu zawodowego |
| title_fullStr | Prawna ochrona tytułu zawodowego |
| title_full_unstemmed | Prawna ochrona tytułu zawodowego |
| title_short | Prawna ochrona tytułu zawodowego |
| title_sort | prawna ochrona tytulu zawodowego |
| topic | profession regulation of professional activities professional title legal protection of professional titles |
| url | https://pressto.amu.edu.pl/index.php/spp/article/view/36142 |
| work_keys_str_mv | AT jarosławdobkowski prawnaochronatytułuzawodowego |