Wolność prowadzenia działalności gospodarczej w świetle art. 16 Karty praw podstawowych — wybrane problemy

Abstrakt

FREEDOM TO CONDUCT A BUSINESS IN THE LIGHT OF ARTICLE 16 OF THE CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION — SELECTED ISSUES

The article deals with the signifi cance and legal character of the provision of Article 16 of the Charter of Fundamental Rights of the European Union. This article provides for the freedom to conduct a business. Therefore, the article presents a standpoint regarding the qualifi cations of the right to conduct business within the framework of the division of provisions of the Charter of Fundamental Rights into principles and fundamental rights rights or freedoms. In the article’s considerations, the right to conduct business activity under art. 16 of the Charter is recognized as a fundamental right. The article also draws attention to the signifi cant deficiencies in the protection of economic freedom in EU law, in particular when it concerns the introduction of restrictions on this freedom in EU derivative law. Finally, comments are also made regarding the basic aspects of the subjective and objective scope of the right to conduct business.