Charakter członkostwa w samorządach zawodowych w świetle artykułu 17 ustęp 1 Konstytucji RP

Abstract

The nature of compulsory membership in professional self-governments associating persons covered by the obligation of public trust is a fact that is questioned from time to time. Opponents of obligatory membership, however, find it difficult to argue for the identification of membership. According to art. 17 sec. 1 of the Constitution of the Republic of Poland, the basic opinion of professional self-governments is to supervise the proper performance of the profession by their members, which they do on behalf of the state, in the public interest. Therefore, in order to be able to fully perform this supervision, professional self-overnments should be equipped with an authoritative function in relation to all persons covered by the profession on equal terms. The aim of the article is to justify the obligatory membership in the professional self-government using dogmatic and legal methods.