wolność gospodarcza

  • Blog Registration in the Light of the Constitutional Right of Freedom to Disseminate Information

    Author: Katarzyna Chałubińska-Jentkiewicz
    Institution: War Studies University in Warsaw
    ORCID: https://orcid.org/0000-0003-0188-5704
    Year of publication: 2020
    Source: Show
    Pages: 417-428
    DOI Address: https://doi.org/10.15804/ppk.2020.06.34
    PDF: ppk/58/ppk5834.pdf

    The constitutional system in Poland covers one of the most important values which is freedom of speech. Due to the regulatory dualism treating the media market also as an important element of the creative industry, freedom of economic activity becomes important in this area. Currently, the implementation of both of these values is influenced by the development of new technologies, which determine the need to adapt legal regulations to them. The basis for the operation of the media is the freedom of speech referred to in the Art. 14 and 54 of the Constitution of the Republic of Poland3. The exercise of these freedoms may be limited in strictly defined situations and must be provided for by law (Art. 31 (3) of the Polish Constitution). Therefore, one cannot speak of an unhampered freedom of action by the media. However, is this rule relevant to the challenges of the changing world and developing virtual reality? In view of modern changes in the principles of creating and using information, the existing rules of media functioning should be verified, without excluding legal instruments which task is to ensure a balance in the relationship between the use of freedom of speech and the protection of its beneficiaries against unauthorized actions. The article presents the issue of the application of the legal instrument of the press title register on the example of a blog4.

  • Konstytucyjna zasada wolności gospodarczej a COVID-19 - interwencjonizm państwowy w warunkach pandemii

    Author: Lidia Kaliszczak
    Institution: Uniwersytet Rzeszowski
    ORCID: https://orcid.org/0000-0002-1879-1352
    Author: Ewelina Rabiej
    Institution: Uniwersytet Rzeszowski
    ORCID: https://orcid.org/0000-0003-0420-5217
    Year of publication: 2021
    Source: Show
    Pages: 191-201
    DOI Address: https://doi.org/10.15804/ppk.2021.05.14
    PDF: ppk/63/ppk6314.pdf

    The constitutional principle of economic freedom and COVID-19 – interventionism in the pandemic situation

    The purpose of the article is to analyse the concept of economic freedom as a constitutional right in Poland, in the context of the COVID-19 pandemic and to synthetically evaluate the intervention actions taken by government in the economic area – their nature and scope. Descriptive analysis and statistical data analysis of the economic impact of the pandemic were used. The research work points to the intensification of state interventionism while limiting economic freedom. This phenomenon, seemingly negative, should be assessed positively, because the actions taken by government actually limit the multidimensional consequences of the COVID-19 pandemic.

  • The Impact of the Covid-19 Pandemic on Economic Freedom in Lithuania

    Author: Agnė Juškevičiūtė-Vilienė
    Institution: Vilnius University
    ORCID: https://orcid.org/0000-0002-0295-054X
    Year of publication: 2022
    Source: Show
    Pages: 353-363
    DOI Address: https://doi.org/10.15804/ppk.2022.02.26
    PDF: ppk/66/ppk6626.pdf

    The main purpose of this article is to discuss whether the decisions adopted by the government of the Republic of Lithuania are not in conflict with the guarantees of economic freedom enshrined in the Constitution. The article analyses four issues: 1. what constitutional bases of economic freedom are entrenched in the Constitution of the Republic of Lithuania and the official constitutional doctrine of the Constitutional Court; 2. what conditions for restricting the economic freedom are established by the Lithuanian Constitution; 3. has economic freedom not been violated during the First and Second quarantines in Lithuania; 4. discuss the first case in Lithuania in which the court indicated whether the economic freedom had not been violated during the First Quarantine. The article is based on analytical (critically analyzed legal regulation), constitutionally oriented (presenting the provisions of the Constitution and the constitutional doctrine), and other research methods.

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