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.