Zagadnienie konstytucyjności przepisów art. 82 ustawy z dnia 16 lutego 2007 r. o ochronie konkurencji i konsumentów
The Issue of Constitutionality of The Provisions of Article 82 of The Competition and Consumer Protection Act of 2007

Summary/Abstract: The aim of this paper is to present the issue of the constitutionality of the provisions of Article 82 of the Competition and Consumer Protection Act of 2007. The remarks mainly focus on the evolution of the legal regulation contained in the analyzed legislation, its doctrinal and judicial assessments, as well as its relationship with other legal norms, especially with the provisions of the Constitution of the Republic of Poland of 1997. As a consequence of the partial assessments (given as a part of the separate stages of reflections), the postulates of partial change of the current regulation are formulated which – according to the author – will allow to reach a full compliance with the fundamental rights of the state. The analyzed regulation is affected by the status of unconstitutionality which results in incompatibility with the provisions of Articles 2, 31 section 3,32 section 1, and 190 section 4 of the Polish Constitution.

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