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Alternative title:

The Constitutional Basis of the State’s Economic Activity

Subject and Keywords:

competence of economic activity   economic freedom   private property   public economic entities   fundamental economic rights   public enterprise

Abstract:

The Constitution of the Republic of Poland does not refer directly to the economic activity of the state, both in the subjective and objective aspect. This justifies the attempt to indicate the constitutional basis of the state’s economic activity on the basis of a derivative concept of interpretation of the provision of Art. 20 of the Constitution of the Republic of Poland, which indicates the social market economy as the basis of the economic system of the Republic of Poland, and the provision of Art. 22 of the Polish Constitution, which stipulates that restriction of the freedom of economic activity is permitted only by statute and only for important public interest. The basis for the reconstruction of the norm determining the competence of the state’s activity are the pillars of the social market economy system, resulting from the provision of Art. 20 of the Polish Constitution: freedom of economic activity and private property. The result of the interpretation made on the basis of systemic directives is the statement that the economic activity of the state has no constitutional basis in the principle of freedom of economic activity co-shaping the social market economy system. The direct participation of the state in economic turnover in appropriate organizational forms is a derivative not so much of the constitutional right to free economic activity, but a consequence of the relevant legal regulations allowing the establishment of entrepreneurs by statutorily authorized state bodies in organizational forms appropriate to the state’s activity.

Date issued:

2022

Resource Type:

text

Detailed Type:

article

Identifier:

ISSN 0524-4544

DOI:

10.19195/0524-4544.334.13

Source:

PAd P 101182 II

Language:

pol

Abstract Language :

eng

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego sp. z o.o., Wrocław 2022   Copyright by CNS

Autor opisu:

WR U/PAdal