Abstract

A package of 5 acts which make up the so-called Business Constitution was passed on 6 March 2018. It main aim was to put the applicable laws in order as well as formulate and specify the fundamental standards of public order in this respect. Of key significance therein is undoubtedly the Entrepreneurs’ Law Act. That Act is notable for outlining the fundamental rules for business operations drawn from the Constitution of the Republic of Poland having taken into account the jurisprudential practice and views of the doctrine. Certain values, standards and rules were formulated directly in the Preamble to the Act, which is of a normative character. This concerns such rules as the principles of economic freedom, sustainable development, non-discrimination, rule of law or legal certainty. The fact that they are placed in the Preamble shows their major legal importance. Many other rules may be drawn from the Polish Entrepreneurs’ Law and the Constitution, which – like those arising from the Preamble – are subject to thorough analyses aimed at identifying their content in the context of legal interests of entrepreneurs and shaping public order in the economic sphere. Therefore, thoroughly analysed are also such rules as the principles of proportionality, equality and non-discrimination, giving the benefit of the doubt to entrepreneurs, fair competition, business confidence, adoption of the formula that whatever is not prohibited by law is permissible. The article ends with relevant conclusions.