Freedom of Enterprise in the Perspective of Czech Professional Self-Governing Associations

Abstract

The present text addresses the specific nature of regulated professions in relation to the reasonable and justifiable restrictions as principles of free enterprise. Based on recent Czech experience, the article provides considerations and analysis identifying current trends in regulated self-governing associations with compulsory membership focusing on the principal questions concerning the constitutional conformity of compulsory membership, justifiable level of restrictions of free access to professions and training and pre-requisites for entry to a profession with special regard to the protection of free economic competition. The article analyzes the different forms of restrictions of free enterprise in regulated services having their origin in the legislation, internal rules and the decision making of professional associations themselves. The analyses illustrate the search for the optimum balance between legitimate professional group interests and fundamental rights, which is not easy to determine, as the present text tries to demonstrate by analyzing the existing Czech approach to the issue. Furthermore, the article presents the considerations based on the recent leading decisions analysing immanent and persistent tendencies for the expansion of influence of the existing associations together with tendencies for the formation of new self-governing associations.