Konstytucyjne aspekty regulacji ustroju gospodarczego Rzeczypospolitej Polskiej

Abstract

Constitutional basis of the economic system of the Republic of Poland is created by art. 0 of the Constitution of 1997. According to this article a social market economy, based on the freedom of economic activity, private ownership, and solidarity, dialogue and cooperation between social partners, shall be the basis of the economic system of the Republic of Poland. The freedom of economic activity is an economic term but it became also a legislative one. The freedom of economic activity is regulated by the article 20 and 22 of the Constitution. It may be limited only by the means of statute and only for important public reasons (see art. 22). The freedom of economic activity may be also limited because of values which are occurred in art. 31 section 3 of the constitution. According to article 21 the Republic of Poland shall protect ownership and the right of succession. This article creates constitutional principle of the protection of ownership. On the other hand, according to art. 64 section 1 everyone shall have the right to ownership, other property rights and the right of succession. This is the right of person and citizen. The last component of a social market economy is the principle of solidarity, dialogue and cooperation between social partners. The term “social partners” concerns not only trade unions and employers and their organizations, but also other social organizations and the government.