Pozafinansowe warunki prawne podejmowania i prowadzenia działalności ubezpieczeniowej na rynku wewnętrznym Unii Europejskiej w świetle dyrektywy 2009/138/WE

Abstract

The first reasarch objective of doctoral dissertation is an analysis of legal regulations leading to establish the level of harmonisation of non-financial conditions of taking-up and pursuit of the business of insurance in the internal market of the European Union on the basis of directive 2009/138/EC. The second objective is to evaluate the impact of its solutions on non-financial conditions of business of insurance and thus to determinate as far as directive 2009/138/EC introduces new legal conditions of business of insurance and how they influence on taking-up and pursuit of that economic activity. The carried out analysis of legal solutions of directive Solvency II and its comparative analysis to the provisions of insurance directives of first, second and third generation, that were previously in force, confirmed a research thesis according to which a Solvency II directive, which has introduced a number of new legal solutions concerning conditions of taking-up and pursuit of business of insurance in the internal market of the EU, does not establish a level of harmonization conductive to making efficiency and effectiveness in doing business in that market. The enlargement of legal conditions as a result of passing a directive is not conductive to efficiency of the operation of insurance undertakings on the EU market as well as to increasing their competing opportunities. The provisions of Solvency II directive concerning conditions of business of insurance are characterized by lack of clarity, they are imprecise and inconsistent. They contain legal loopholes. Sometimes they are characterized by excessive casuistry and some maladjustment to realities of the functioning of practice of insurance relations.