Proportionality of interfering with economic freedom in the context of state control of economic activity

Abstract

The article indicates the regulations of positive law, as well as theoretical findings that should be the basis for the proper formation of ordinary legislation with regard to the implementation of economic freedom. The economic freedom guaranteed by the constitution may be subject to limitations. The most far-reaching form of these restrictions is the control of taking up and pursuit of economic activity, the forms of which are defined by the Entrepreneurs Act. On the other hand, the control of economic activities should be carried out in accordance with the principle of proportionality of interference with this freedom. In the case of a licence, the obligation in question arises directly from the Entrepreneurs Law. In the case of the other forms of control – the constitutional principle of a democratic state under the rule of law.