Wolność działalności gospodarczej w świetle orzecznictwa polskiego Trybunału Konstytucyjnego
Freedom of Economic Activity in the Light of the Jurisprudence of the Polish Constitutional Tribunal

Summary/Abstract: The current Constitution of 1997 expressly refers to the principle of economic freedomin art. 20, treating this freedom as one of the structural elements of the principle ofthe social market economy together with such values as private ownership and solidarity,dialogue and cooperation of social partners. However, the freedom of economic activityis not only an important principle of the Polish constitutional system. It can also serve as the basis for the formulation of individual rights derived from this freedom which maybe asserted at the constitutional court by means of a constitutional complaint. The second constitutional provision which directly relates to the principle of the freedom of economic activity is art. 22 which allows to limit this freedom and formulates formal (by means ofa statute) and material (only for important public reasons) conditions in this regard. Nevertheless, the constitutional regulation of economic freedom is very general, and therefore the role of the legal doctrine as well as the jurisprudence of the Constitutional Tribunal inthe interpretation of these regulations is essential. The Author presents different aspectsof economic freedom in Poland in the light of the rich jurisprudence of the Constitutional Tribunal.

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