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The first sentence of the second paragraph of Article 74 of the Constitution authorises the legislature to define the conditions for establishing business entities whereby, in accordance with the established constitutional case law, the manner of the implementation of the human right to free economic initiative in the sense of the second paragraph of Article 15 of the Constitution is determined. On the basis of the above-mentioned constitutional provision, the legislature is authorised to regulate the manner of the implementation of the right determined in the first paragraph of Article 74 of the Constitution also in cases which concern carrying out economic activities. When regulating individual fields of society the legislature justifiably distinguishes between the regulation of the market and all relevant elements connected therewith and between the regulation of other areas of society that are in their essence intended for non-economic and non-market activities. Kindergartens, schools, and other educational institutions in which children and young people are educated are at their core intended for carrying out educational activities and are thus not a place intended for free exercise of economic initiative. The legislature determines in what manner educational activities are to be carried out as well as all other accompanying activities (such as providing school meals for children and young people) which are intended only to ensure the fundamental goal for which educational institutions have been established. Even if such accompanying activities are carried out with the assistance of business entities, the legislature may regulate the manner in which such activities are to be carried out on the premises of educational institutions. Therefore, a regulation which prohibits the placement of food and beverage vending machines in kindergartens, schools, and other educational institutions does not entail an interference with free economic initiative determined in the first paragraph of Article 74 of the Constitution, but entails the determination of the manner of its implementation. The constitutional review of the manner of the implementation of the human right determined in the first paragraph of Article 74 of the Constitution is necessarily suspended. Within this framework the Constitutional Court in general only reviews whether the legislature had a sound reason for determining the manner of the implementation of a right. The challenged prohibition on the placement of food and beverage vending machines pursues the goal of protecting children and young people, namely regarding a healthy life style and developing healthy eating habits. The Constitutional Court held that there is a clear connection between the challenged measure and its (socially important) goals due to which the prohibition of vending machines in schools and educational institutions cannot be deemed to be unreasonable. The sixth paragraph of Article 4 of the School Meals Act is a constitutionally admissible manner of the implementation of the right to free economic initiative determined in the first paragraph of Article 74 of the Constitution.
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