In the article, I will try to prove the truth of the hypothesis that the new business constitution
is far from the expectations of entrepreneurs and the theory of entrepreneurship. The legal and
comparative analysis will show that it contains minor modifications to the Act of 2 July 2004 on the
freedom of economic activity. It is even a significant recession in relation to the so-called Wilczek’s
Law, despite the fact that it was advertised as a return to liberal rules facilitating business operations.
The main limitation of changes is the Polish pension system and it must be strongly reformed for the
needs of enterprise dynamization in Poland. I would like to propose changes to this system so that
it would be conducive to the development of business and stopped the very likely bankruptcy of the
pension system, whose liabilities due to future pensions amount to nearly PLN 5 billion.