Wykładnia funkcjonalna przepisów prawa gospodarczego publicznego w świetle rozwiązań wprowadzonych w ustawie – Prawo przedsiębiorców
Functional Interpretation of Public Economic Law

Summary/Abstract: The subject of this article is the analysis of the admissibility and legitimacy of the application of a functional interpretation of the provisions of public economic law. The starting point of the article is to define the framework of public economic law. The boundaries of this branch of law were discussed, among others, by prof. Roman Hauser, prof. Zygmunt Konrad Niewiadomski, prof. Andrzej Wróbel, or prof. Czesława Żuławska. Assuming the generalization according to which this branch of law regulates the rules related to running a business by entrepreneurs, the question arises, whether, due to the fact that it is a sub-branch of public law, is it permissible to use a functional interpretation by public administration bodies in this respect? The point of reference for the analysis are the solutions introduced in the Act of March 6th, 2018 Entrepreneurs’ Law, the purpose of which was, inter alia, the promotion of freedom of economic activity which contributes to the development of the economy and to the increase of social welfare. Economic freedom was to be supported, inter alia, by organizing an “entrepreneur-friendly” public administration apparatus. In order to achieve the assumed goals, the analysis of the identified problems was based mainly on non-reactive studies, consisting in the assessment of the available information. It included studies of normative acts, industry reports, as well as decisions of District Administrative Courts. The basic research method used in the study is the dogmatic and legal method. Its subject was the analysis of the content of normative acts regulating the principles of conducting business activity. It was supplemented with a qualitative method based on 8 in-depth interviews with representatives of public administration bodies, entrepreneurs and representatives of associations of entrepreneurs, as well as an analysis of 10 court decisions. The proposals of the conducted research allow us to conclude that the application of the provisions of the law of the public host raises many doubts. Despite the fact that the functional interpretation could contribute to the more effective conduct of business activity by entrepreneurs, it is rarely used, which increases legal uncertainty and, consequently, may contribute to limiting the development of the economy.

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