Restrictions on the principle of economic freedom on the example of legal regulations regarding the granting of permits to partnerships

Abstract

One of the forms of limiting the principle of economic freedom in the Polish legal system is the prohibition of entrepreneurs from pursuing economic activity in certain areas without a permit. The authorizing authority grants the permit to the entrepreneur who meets the conditions required by law. If a permit is required to conduct business activity by civil partnerships, the permit is issued to individual partners of that partnership, and not to the civil partnership itself, because the legislator does not grant the status of an entrepreneur to civil partnerships. This means that in a situation where we have, for example, five partners in a civil partnership, each of them must apply for a permit and bear the costs of its issuance, which in fact will be additional costs incurred for running a business in this organizational and legal form. Therefore, it can be assumed that the legislator treats civil partnerships worse than partnerships under commercial law, for which it is enough to run a business if they have one permit issued for a company.