Election Code – abuse of advertising during the election period

The issue presented in this thesis generally concerns equality before the law of all entities taking part in elections at various levels: voters and politicians. The term „equality” in article 32 paragraph 1 of the constitutions is commonly interpreted as a universal principle covering everyone, including natural and juridical persons, as well as institutions without a legal personality, regardless of other factors such as citizenship. In addition, the literature of constitutional law provides for equality before the law. The simplest, yet most accurate interpretation of the article is the principle of equality, that is the same, where the voice of every voter has the same strength. Therefore, can one be a candidate in elections and legally conduct advertisement for one’s own company at the same time? The problems presented concern both seasoned politicians as well as known public figures who are trying for local government positions, and candidates who are not yet public figures but conduct legal business activities. Inconsistent interpretation of the law compels citizens to legally notify the authorities about any believed offence and at the same time compels law enforcement to act on those notifications. Because of the facts mentioned above a person conducting business activitiess and advertising those business activities during an elections campaign can become a victim of persecution at hands of state institutions or a media witch-hunt.

The Right of Communication (Exchange of Information) Within the Constitutional Principle of Economic Freedom

Constitutional regulations concerning the freedom of economic activity experience numerous limitations in the practice of lawmaking. Legal solutions are often enacted in such a way that they contradict the constitutional principle, as well as imply the necessity to introduce sudden changes as to the form or scope of economic activity. In this area, the issue of communication – information, which results from the numerous obligations of business activities and, moreover, determines the admissibility and legitimacy of the activity, is also important. In this context, it is necessary to signal the occurring legal doubts that can be encountered at the junction of the communication itself and the conduct of business activities, especially those regulated by the Polish state on the basis of the applicable regulations.