New perspectives on the constitutional framework for the protection of entrepreneurs against public administration abuses
Year: 2026
Type: article
Abstract: Preventing public authority abuse against entrepreneurs is a major challenge in ensuring a competitive and open business environment. This article addresses the constitutional basis of entrepreneurial rights, the legal means of countering abuse of power, the role of public institutions in applying regulations, and the existing gaps in the legal framework. The integrated analysis combines the theoretical dimension of commercial law with current practices in the Republic of Moldova, highlighting the need to respect European standards while seeking alternatives to improve dialogue between the public and private sectors. In attempting to provide comprehensive protection for entrepreneurs, the legal system of the Republic of Moldova relies on constitutional and legal mechanisms to prevent administrative excesses. This system is anchored in the rule of law, separation of powers, economic freedom, and protection of the fundamental rights of entrepreneurs, ensuring a balance between state regulation of economic activities and the exercise of personal initiatives. In the context of a free market economy, Moldova's Constitution protects the freedom of entrepreneurial initiatives and competition as provided in Article 126, paragraph (2), letter “b”. The constitutional framework of the Republic of Moldova offers robust protection for entrepreneurs through a combination of preventive mechanisms (transparency, public consultation) and curative mechanisms (judicial review, sanctions). Current aspirations target improved law enforcement efficiency, digitalization of public services and strengthening of institutional capacity of control bodies. Full implementation of the National Anti-Corruption Strategy and modernization of the justice system remain essential for consolidating legal security in the business environment.
Source: Revista de drept constituţional
Authors: Ion GUCEAC, Nina GARSTEA
Institutions: Moldova State University, Technical University of Moldova
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
Funder: European Commission
OpenAlex ID: W7204574299