Wolność działalności gospodarczej i jej ograniczenia w multicentrycznym systemie prawa
Freedom of economic activity and its limitations in a multicentric legal system

Summary/Abstract: Freedom of economic activity is a legal concept which, under the 1997 Constitution of the Republic of Poland, has been applied in three, complementary, contexts. It is treated as a public subjective right, addressed to both natural and legal persons. The economic freedom thus understood has its source in the constitutional principles of dignity and freedom, while the determination of its normative content is determined by the directive in dubio pro libertate. Pursuant to Article 20 of the Constitution, freedom of economic activity is also recognised - alongside private property and the idea of dialogue and cooperation of social partners - as the foundation of the constitutional principle of the social market economy. By virtue of its content, it constitutes the legal and economic premise for the implementation by public authorities of programme norms related to the economic system of the state. In the realities of the state's international integration, the premises (formal and material) of limitations to this freedom acquire great significance. Established in laws, international agreements and European Union law, they can significantly affect the realisation of economic freedom, in all its constitutional contexts. The aim of the analysis, using the dogmatic method, is to present the conceptual issues and the normative basis of the freedom in question. Using the example of a specific normative solution and the practice of its application, the authors formulate conclusions regarding the significant threats to which the addressees of this freedom are exposed.

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