Abstract: In Poland, the principle of freedom of economic activity applies. Legal bases for limiting conduction of economic activity establish the possibility of limiting the constitutional principle of freedom of economic activity because of an important public interest, including the protection of values highly appreciated. The Constitution of the Republic of Poland indicates that values highly appreciated are: security of a state, public order, protection of the natural environment, protection of health or public morals and protection of freedoms and rights of other persons. The primary source of limitation of freedom of economic activity contained in Constitution is the prerequisite of an important public interest. This is a very capacious concept, containing the need to protect different values.
The second pillar of the socio-economic system in Poland is the principle of equal treatment and non-discrimination. It can be inferred from the constitutional principles that there is a duty to conduct economy activity on the basis of fair competition and respect for good customs and legitimate consumer interests. However, it should be noted that there is a possibility of derogations from the equal treatment order of similar entities. There are legal regulations that impose the choice of the legal form of organization of economic activity for the purpose of carrying out specific tasks which are public tasks. The application of transparent rules of entrusting public tasks without favoring any entities favors the competitiveness and the innovativeness of entrepreneurs.
Keywords: Economic activity; Freedom; Equal treatment, Limitations of the economic activity; Public interest; Values highly appreciated; The Constitution of the Republic of Poland.
Title: Constitutionally Justified Limitations of Freedom of the Economic Activity: The Case of Poland
Author: Anna Brzezińska-Rawa, Dorota Sylwestrzak
International Journal of Social Science and Humanities Research
ISSN 2348-3156 (Print), ISSN 2348-3164 (online)
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