In recent times, the legislature amending or creating and enacting the new law is calling it "a constitution of something there." In March, the media reported the appearance two new "constitutions". We are observing the disturbing phenomenon of devaluation of this otherwise esteemed act.
The Constitution is a source of national pride for us. The one with the 1791 The year was passed as first in Europe and second In the world. It is also a sign of stability, something that guarantees us the certainty and stability of the standards adopted.
By definition, the constitution (from the Latin constituto – to organise, establish, regulate) is to be a legal act regulating the fundamental issues of the state's system and functioning. Is it therefore justified to give this name, both historically and institutionally, even the most generally sounding legal acts?
Do we not then bring the constitution to the rank of one of many laws, thus depriving it of the role she can play in the legal system?
Undoubtedly, in the case of the so-called business constitution, we are dealing with something important, we are moving forward, but can all these provisions apply for the title "constitution"? It seems that, despite the media noise, the legislature may harm itself by lowering the value of the constitution to which Poles are particularly attached.
The Donut Constitution
On 20 March 2018 The Council of Ministers adopted a law on the reform of higher education, which is called a working constitution for science. This constitution is still in the sphere of ideas and we do not know what its final shape and content will be.
The constitution adopted and signed by the President of the Republic of Poland is the so-called "Business Constitution", i.e. five new laws, which are intended to constitute the rules for conducting business activity in Poland. Can these newly passed laws really be called a constitution?
They seem to be defined in this way strongly on growth. Perhaps called the Constitution for Business by the media is a term under the public. In particular, the analysis of this law shows that it is not a revolutionary collection of novel law, but rather a restoration of the state of some normality.
The basic legal act which was passed in connection with the so-called "Business Constitution" 6 March 2018 is the Law of Entrepreneurs. It contains rules based on assumptions Directive 2006/123 dated 12 December 2006, on services in the internal market. The law of entrepreneurs introduces a canon of newly defined basic principles. They are to give guarantees to entrepreneurs in their relations with the public authorities. The most important provisions of this Act are those listed below.
New definition of economic activity
According to Article 3 the rights of entrepreneurs by economic activity must be understood as ‘organised economic activity, carried out in its own name and on a continuous basis, for commercial purposes’.
This changes the definition it contained Article 2 Act on the Freedom of Economic Activity, in which the various types of activity could be calculated. With the changes that took place in subsequent years, many new business opportunities were created, which were not included in the list. I think it'll be more flexible now.
Non-registered activities
Non-registered activities (not reported as commonly referred to in the Register, or Central Register and Information on Business Activity) will primarily concern the small economic activity of individuals, e.g. casual trade or occasional services.
Such activity, which does not require the obtaining of a concession, licence or licence, performed in person (not in the company) and by persons who during previous years 5 the years have not led the company, will not be considered an economic activity – provided that the income from this activity does not exceed in any month 50% the amount of the minimum remuneration.
Revenue from such activities will be taxed on a general basis.
The principle “which is not prohibited by law is allowed”
This new fundamental principle introduces Article 8 the rights of entrepreneurs, which literally reads: The entrepreneur may take any action, except those prohibited by law. An entrepreneur may be required to conduct a particular conduct only under the law. Thus, the entrepreneur will be able to conduct his business in a way he has chosen, but provided that this does not constitute a violation of the prohibitions or restrictions expressly indicated in the law.
Good faith in the entrepreneur and presumption of law
Entering under Article 10 the rights of traders to presume the activity of the entrepreneur in accordance with the law, the legislator has transferred the burden of proof to officials. The known principle of criminal law, namely in dubio pro reo, was thus duplicated.
Principle of legal certainty
Article 14 business laws also introduce the principle of certainty of interpretation of legal provisions. The administrative body will no longer be able to depart from the established practice of resolving cases in the same factual and legal condition without a legitimate reason.
In reading the above principles of new business law, it is difficult to resist the impression that this was once the case, that the loudly introduced "constitution for business" is nothing but an article of rules which "somewhere once escaped someone". Known for centuries the principles of the rule of law, such as the presumption of law or the principle: which is not a law prohibited is allowed.
Clearly, we are dealing with something important, we are moving forward, but can all these provisions apply for the title “constitution”? It seems that, despite the media noise, the legislature may harm itself by lowering the value of the constitution to which Poles are particularly attached.