Limitation of the Freedom of Economic Activity Under the Rulings of The Constitutional Tribunal of The Republic of Poland

The freedom of economic activity, together with private property, solidarity, dialogue and cooperation of social partners, constitutes the basis of the economic system of the Republic of Poland. They ate also the foundation of the social market economy. As a constitutional principle, stated in Art. 20 of the Constitution of the Republic of Poland, gives shape to the economic system of Poland, at the same time it determines the direction of the state’s aspirations. It also constitutes the basis for the construction of the constitutional subjective right of an individual. Being a public subjective right, however, it is not absolute. It is subject to various types of interference by public authorities, which have the right to impose restrictions on the freedom of economic activity due to important public interest. The constitution-maker allows in Art. 22 of the Constitution of the Republic of Poland, restriction of the freedom of economic activity, but only by statute and due to important public interest. The grounds for restrictions have repeatedly become the subject of interpretation of the Constitutional Tribunal of the Republic of Poland, proving how to understand the concept of an important public interest and examining the relation between the norms of Art. 31 sec. 3 of the Constitution of the Republic of Poland in collision with the content of Art. 22 of the Constitution of the Republic of Poland. It turns out, however, that apart from the aforementioned norms, the freedom of economic activity may be limited on the basis of the principle of sustainable development.