Errare Humanum Est. The Right of Businesses to Make a Mistake and the Inspection Process

Abstract

Abstract The statement errare humanum est undoubtedly takes on particular importance in the course of inspection proceedings, in particular as businesses are often lost in the maze of legal regulations. In order to make doing business easier, a new provision was introduced to the Polish Business Act from 6 March 2018 – “the right to make a mistake”. The paper aims to present a consideration of the essence of “the right to make a mistake” by businesses, looking at the procedures for correcting established violations of legal regulations by recently started businesses, as well as the negative aspects of exercising the right. The paper uses the formal-dogmatic method of analysing legal regulations. The presented conclusions may be particularly attractive businesses that are just commencing their business activity, for which their short period of operation may turn out to be a mitigating circumstance in the case of an ongoing inspection procedure.