The principle of freedom and equality of business activity of entrepreneurs in the Act – Law of entrepreneurs Cover Image

Zasada wolności i równości działalności gospodarczej przedsiębiorców w ustawie – prawo przedsiębiorców
The principle of freedom and equality of business activity of entrepreneurs in the Act – Law of entrepreneurs

Author(s): Kazimierz Strzyczkowski
Subject(s): Law, Constitution, Jurisprudence
Published by: Krajowa Izba Radców Prawnych
Keywords: axiology of law; fundamental rights; goals and principles of law; economic freedom; equality of entrepreneurs; public authority bodies; proportionality; rationing

Summary/Abstract: The article discusses the principle of freedom of economic activity and equality of entrepreneurs provided for in the Article 2 of the Act – Law of entrepreneurs in its current wording: “Entering, exercising and terminating a business activity is free for everyone on equal rights”, presented in the broad context of the axiological framework of the Act – Law of entrepreneurs, which includes the objectives and principles of this law. The general assumption of the study, which determines its structure and content, is the statement that the objectives and principles of the Act – Law of entrepreneurs, including primarily, but not limited to, the principle of freedom of economic activity and equality of entrepreneurs, are to ensure the realization of the rights of entrepreneurs resulting from the constitutional fundamental rights of freedom of economic activity and equality in economic life. The assumed concept constitutes a point of reference for the assessment of legal solutions concerning the discussed principle in a way that considers its essence, normative content and the addressees, as well as the principles supporting its implementation.

  • Issue Year: 2020
  • Issue No: 4
  • Page Range: 73-100
  • Page Count: 28
  • Language: Polish