Zasada wolności działalności gospodarczej – zasada prawa prywatnego czy publicznego?

Abstract

This article examines the basis and scope of the Polish 1997 Constitutions principle of freedom of economic activity. The article begins by taking a general look at the public – private law distinction and the theory of legal principles, including constitutional principles. The article then discusses the freedom of economic activity as a right to reject interference by the state and as a right to reject interference by others (individuals, organizations, etc.). Finally, the article presents some open problems with conflicts between the principle of freedom of economic activity and other legal principles.