The impact of legal acts of self-governed professional and business chambers on two constitutional freedoms: freedom of establishment, and freedom of choice and execution of profession. Remarks in the context of the constitutional self-government status

Jerzy Ciapała

Abstract


The article is an analysis of the impact of acts issued by the professional and business chambers (corporations) in Poland on two constitutional freedoms: freedom of establishment, and freedom of choice and execution of profession. The considerations are carried out in the context of the legal position of the two self-governed kinds of chambers’, in particular within their constitutional provisions. The author concludes that the constitutional law in Poland does not prevent the effective degree of excessive interference in both freedoms, following the issue of a very different form of legal acts resolved by the chambers (corporations) under public law. Consequently, this paper formulates demands referred to the conditions to be met by internal acts of these chambers (corporations). It is also noted that a clear division of chambers (corporations) governed by public law on chambers of professionals’ and business, is not adequate to modern conditions.

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DOI: http://dx.doi.org/10.17951/sil.2014.22.0.199
Date of publication: 2015-04-18 11:34:24
Date of submission: 2015-04-14 19:05:54


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