The legality of acts of local law restricting the possibility of pursuing circus activity with the use of animals in Poland

Grzegorz Lubeńczuk

Uniwersytet Marii-Curie Skłodowskiej w Lublinie

Abstract

 The article is of a scientific-research nature. It aims to assess the admissibility of solutions applied by local authorities in Poland intended to limit the possibility of organising circus shows involving animals in the context of statutory provisions which indicate the possibility of lawful pursuit of such activities, as well as the provisions of the Constitution of the Republic of Poland of 2 April 1997 and the provisions of the Act of 6 March 2018 Entrepreneurs’
Law, which express the principle of economic freedom and guarantee the right to undertake and pursue an economic activity on an equal footing. This assessment is based on an analysis of the acts adopted by local government authorities to limit the possibility of organising circus shows involving animals based on the case-law of Polish administrative courts processing complaints lodged by circus operators. This analysis allowed identification of the scope of possible activities of local government authorities and the formulation of conclusions on the need to prohibit the use of animals in circus activities 

Keywords:

circuses, animals, limitations, economic freedom, local law