Prohibition of Advertising by Veterinary Surgeons

This article analyses the compliance of Polish regulations prohibiting veterinary surgeons from advertising with European Union law, particularly Directive 2006/123/EC on services in the internal market and Directive 2000/31/EC on electronic commerce. In the Polish legal system, advertising of veterinary services is prohibited under the Veterinary Clinics Act and resolutions of the National Veterinary Council. This prohibition raises concerns in light of EU provisions, which require the abolition of total bans on advertising for regulated professions. The article highlights that veterinary surgeons, as representatives of a regulated profession under EU directives, should be allowed to use commercial communications. It also attempts to define the concept of ‘commercial communication’ within Polish and EU law. The author posits that current Polish regulations violate Article 8 of Directive 2000/31/EC and Article 24 of Directive 2006/123/EC, which mandate the removal of advertising bans for regulated professions. The analysis provides arguments supporting this hypothesis, underscoring the need for the reform of national legislation.

Authors

Publication Details

Journal
Studia Iuridica
Published
2025-01-01
DOI
https://doi.org/10.31338/2544-3135.si.2025-106.10
Primary Topic
Pharmaceutical industry and healthcare
Type
article
Field-Weighted Citation Impact
0.00
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article

Prohibition of Advertising by Veterinary Surgeons

Piotr F. Piesiewicz
Studia Iuridica
Pharmaceutical industry and healthcare
article

Prohibition of Advertising by Veterinary Surgeons

Piotr F. Piesiewicz
article en

Abstract

This article analyses the compliance of Polish regulations prohibiting veterinary surgeons from advertising with European Union law, particularly Directive 2006/123/EC on services in the internal market and Directive 2000/31/EC on electronic commerce. In the Polish legal system, advertising of veterinary services is prohibited under the Veterinary Clinics Act and resolutions of the National Veterinary Council. This prohibition raises concerns in light of EU provisions, which require the abolition of total bans on advertising for regulated professions. The article highlights that veterinary surgeons, as representatives of a regulated profession under EU directives, should be allowed to use commercial communications. It also attempts to define the concept of ‘commercial communication’ within Polish and EU law. The author posits that current Polish regulations violate Article 8 of Directive 2000/31/EC and Article 24 of Directive 2006/123/EC, which mandate the removal of advertising bans for regulated professions. The analysis provides arguments supporting this hypothesis, underscoring the need for the reform of national legislation.

Studia IuridicaVol. 106
Openalex Percentile: Top 75%
Pharmaceutical industry and healthcare
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