Konstitucionalizacija prava na preduzetništvo i sa njim povezanih prava

Abstract

This paper is a working basis for reviewing the constitutional guarantees and the manner of constitutional regulation of developmental resources and the capacity of society in comparative constitutionality. The aim of this contibution is to provide insight into the experiences of comparative constitutionality and how the constitutions regulate the issues important for the development of society in order to improve the constitutional regulation of development issues in the context of the solution contained in the Constitution of the Republic of Serbia. The key issue important for considering the constitutionalization of development issues is the constitutional regulation of the right to entrepreneurship and econimic actitity, the scope and content of the constitutional guarantee of these rights, with reference to the limita­tions of these rights, in particular restrictions that are based on equally important rights - the right to a healthy life and the right to healthy living environment, which also entail the protection of natural resources and the environment. The following constitutions have been used as examples of comparative constitu­tionality: the constitutions of Austria, Belgium, Bulgaria, Bosnia and Herzegovina, Montenegro, Denmark, France, Croatia, Italy, Macedonia, Germany, Poland, Russia, Republika Srpska, Slovenia, Slovakia, Serbia, Switzerland, and Spain. In the selection of constitutions whose provisions were included in the research, several criteria were taken into account: the choice included the constitutions of the EU member states, the constitutions of the former socialist countries that are now members of the European Union, the constitutions of the countries of the region, the constituti­ons of the countries which are currently in the process of negotiations with the European Union, and the constitutions of the countries which used to be part of the same (federal) state until the dissolution of the SFRY. Such a choice of constitutions provides an opportunity to consider various social and political contexts in which constitutional rules were created, to examine the specific constitutional solutions in a wider context and, thus, provide a more comprehensive insight into these solutions.