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Dr Janusz Roszkiewicz
ORCID: 0000-0001-5055-2215

Dr Janusz Roszkiewicz

Assistant Professor at Human Rights Center of University of Warsaw, author of several dozen publications regarding constitutional, European and medical law.

 
DOI: 10.33226/0137-5490.2022.1.6
JEL: A10

The article is devoted to two issues. First, the concept of economic freedom and the constitutional rules for restricting it by the lawmaker are discussed. Secondly, the theory is confronted with legislative practice in Poland — three cases of profound state interference in economic freedom are analyzed: a ban on selling sweet and salty food in school tuck shops, a pharmaceutical privilege (only pharmacists can set up new pharmacies), imposing on Uber drivers and similar platforms a taxi license requirement.

Keywords: economic freedom; public interest; sweets ban in schools; "pharmacy for pharmacist"; lex Uber
DOI: 10.33226/0137-5490.2021.5.5
JEL: K38

The subject of considerations in this article is the analysis of the case law of administrative courts in terms of compliance with interpretative directives arising from Article 22 of the Polish Constitution: principle of strict and literal interpretation of restrictions on economic freedom and in dubio pro libertate principle. As part of the analysis, rulings on four issues are examined: how to calculate the maximum time of an administrative body's control at an entrepreneur, the appropriate VAT rate for take-away fast-food, the admissibility of treating parcel lockers as a building facility and constitutionality of anti-epidemic restrictions. The aim of the article is to present constitutional standard regarding economic freedom and its role in the jurisprudence.

Keywords: economic freedom; in dubio pro libertate; linguistic interpretation; VAT; parcel locker; epidemic