ZAŁOŻENIA AKSJOLOGICZNE USTAWY O OGRANICZENIU HANDLU W NIEDZIELĘ I ŚWIĘTA
AXIOLOGICAL ASSUMPTIONS OF TRADE BAN ON SUNDAYS AND HOLIDAYS

Summary/Abstract: On November 24, 2017, lower house of the Polish Parliament passed a law, which prohibits trade on Sundays, feast days and some other days. The justification part of the draft does not contain a clearly exposed catalogue of constitutional freedoms, rights or values constituting the axiological basis of the proposed regulation, especially clear justification for introducing restrictions of the freedom of economic activity. The analysis of the draft documents leads to the conclusion that there are four potential axiological basis of new law – freedom of conscience and religion, the right to rest, the right to respect private and family life and the development of domestic entrepreneurship. Both the above mentioned foundations and the inconsistency between them and the specific provisions of new law, as well as thesis of the justification part of the draft , give rise to many doubts about the constitutionality of the new regulations.

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