KONSTYTUCYJNA ZASADA WOLNOŚCI DZIAŁALNOŚCI GOSPODARCZEJ
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Date
2001
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Wydział Prawa i Administracji UAM
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THE LEGAL NOTION OF THE CONSTITUTIONAL PRINCIPLE OF BUSINESS ACTIVITY FREEDOM
Abstract
The purpose of this article is to analyse the constitutional principle of business activity freedom.
It should be emphasised that the Author refers to the conceptions elaborated by the Polish
theory of law. It is therefore a comparison of the constitutional regulations with the precise terminology.
The Republic of Poland shall guarantee the freedom of business activity. Some restrictions of
this freedom may be imposed only by means of statute or when the public interest is threatened.
The former constitutional binding norm „regardless of the type of ownership” has been abrogated.
Consequently, according to the Constitutional Tribunal ascertainment, the freedom should be related
to private enterprises, not to public ones (i.e. owned by the state or local governments).
The constitutional principle is analysed through 4 issues: 1) the ways of understanding the
principle in the course of the Constitutional Committee’s work (1993 - 1997), 2) the question of
how to relate and interpret the principle within another principle - the so-called social market
economy, 3) the essence of legal constitutional regulations, 4) some decisions of the Constitutional
Tribunal which influence and determine the legislation.
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Ruch Prawniczy, Ekonomiczny i Socjologiczny 63, 2001, z. 4, s. 15-30