Relation Between Concepts “Liberal Profession” and “Profession of Public Trust”, Referred to art. 17 par. 1 of the Polish Constitution. Part I

The terms ‘liberal profession’ and ‘profession of public trust’ used in law and literature have not been defined, and therefore are often used interchangeably. However, they define two different occupational groups, so they should not be used as synonyms. The lack of a definition of these concepts creates a lot of doubts, the explanation of which is very important because granting a given profession the status of “profession of public trust” is associated with granting it certain important privileges, obligations, but also restrictions. It regards, among others for the possibility of creating professional self-governments authorized to represent persons exercising these professions and overseeing their proper performance within the limits of the public interest and for its protection. The above, may entail the need to introduce many restrictions both in the scope of freedom to practice a profession and the freedom to start a business, if such activity would be related to such activity.

Relation between the concepts of “liberal profession” and “profession of public trust” referred to in art. 17 par. 1 of the Polish Constitution. Part II

 “Profession of public trust” through the provision of art. 17 of the Constitution became a constitutional institution, but not legally defined. Meanwhile, determining the meaning of this concept is very important for several reasons. First of all, some legal effects are associated with assigning a particular profession to this group such as granting special rights and obligations to persons performing such a profession. Second, the lack of the definition of this concept generates problems in the lability of its meaning. Finally, the term is erroneously used interchangeably with the concept of ‘liberal profession’. Therefore, it is necessary to approximate the understanding of this concept formulated in legal literature and case law.

The Scope of Constitutional Custody over the Performance of Professions of Public Trust

Exercising custody over the proper performance of professions of public trust is the essence of professional self-government established pursuant to Art. 17 sec. 1 of the Polish Constitution. The scope of this custody is very wide and varied, due to the need to adapt it to the specificity of specific professions of public trust. It covers most of the tasks in the field of public administration, including, inter alia, deciding on the possibility of practicing a profession, registration of persons authorized to practice a profession, as well as controlling the way in which it is performed by disciplinary jurisdiction. Constitutional custody over the proper performance of professions of public trust should be exercised within the limits of the public interest and for its protection, that is, in the interest of the general public and all citizens.