- Author:
Antoni Dral
- Institution:
WSPiA Rzeszowska Szkoła Wyższa
- Author:
Beata Bury
- Institution:
WSPiA Rzeszowska Szkoła Wyższa
- Year of publication:
2014
- Source:
Show
- Pages:
233-251
- DOI Address:
https://doi.org/10.15804/ppk.2014.03.11
- PDF:
ppk/19/ppk1911.pdf
The principle of work protection under the Constitution of the Republic of Poland
In this article the authors will make an attempt of analysis of the principle of work protection reflected in the Article 24 of the Constitution of the Republic of Poland with special consideration of the normative character of the provision which statutes it. Indicated provision of the Constitution, in Chapter I entitled „The Republic (Rzeczpospolita)”, is included to basic principles of the State’s social-economical system. The work – subject of protection – will be shown as a specific public good (value) and one of the main basis of economy functioning and its development, and also as a source of human dignity and the most typical basis for livelihood for the majority of citizens. The authors will also draw attention to relationship of the principle of work protection to such constitutional principles as the principle of ownership and the principle of freedom of management. Also important is the issue of State obligation range of work protection from the point of view of its legal title to executing and its purpose. The principle of work protection should be considered in the context of more general state principles, in particular, order of executing by the State the principle of social justice, and – in consequence – providing additional protection for employees, in order to leveling the adverse effects of economic advantage of employers. Beyond the scope of consideration remains the issue of relationship between law or freedom and obligation in the context of the work protection, because its analysis would exceed this compilation. Certainly this subject deserves for separate discussion.
- Author:
Jerzy Ciapała
- E-mail:
tljones@onet.eu
- Institution:
Uniwersytet Szczeciński
- ORCID:
https://orcid.org/0000-0002-5062-3834
- Year of publication:
2023
- Source:
Show
- Pages:
49-61
- DOI Address:
https://doi.org/10.15804/ppk.2023.03.04
- PDF:
ppk/73/ppk7304.pdf
The Constitutional Freedom of Economic Enterprise and the Protection of the Primate of the Private Property in the Context of the so-called States’s Golden Share
The subject of the study is the special privilege of the state in companies in which – having a minority of shares – they have golden share, and therefore the ability to exert an authoritative influence on significant decisions of the company, going beyond the capital position. This means limiting the freedom of enterprise and the primacy of private property. Golden share can be understood as an attempt to reconcile the interests of private owners with an important public interest in certain sectors of the economy where the interest of the state becomes particularly important. Since it is an exception to the equal position of shareholders, its use in economic policy should be extremely rare.
- Author:
Piotr Oliński
- E-mail:
olinskipiotrek@gmail.com
- Institution:
Uniwersytet Warszawski
- ORCID:
https://orcid.org/0000-0003-3512-1948
- Year of publication:
2024
- Source:
Show
- Pages:
183-194
- DOI Address:
https://doi.org/10.15804/ppk.2024.01.13
- PDF:
ppk/77/ppk7713.pdf
Limits of Participation of State-owned Companies in the Social Market Economy in the Context of Art. 20 of the Constitution
The article is an attempt to determine the constitutionally permissible limit of the participation of SOEs in the economy in light of Art. 20 of the Constitution. It begins with an introduction, summarizing current research in economic and legal sciences on the issue of the growing participation of SOEs in the economy and discussing the legal problems that this phenomenon raises. This is followed by a discussion of the relationship of the state to state and private property in light of the social market economy model. The considerations are supported by references to the doctrine of ordoliberalism and the jurisprudence of the Constitutional Court. Possible measures for determining the excessive participation of state-owned companies in the economy in light of Article 20 of the Constitution are then considered. The article is concluded with conclusions for public administration bodies and the doctrine of public law.
- Author:
Barbara Błaszczak
- E-mail:
b.blaszczak2@uw.edu.pl
- Institution:
University of Warsaw
- ORCID:
https://orcid.org/0000-0002-6122-5639
- Author:
Adrian Wagstyl
- E-mail:
a.wagstyl@uw.edu.pl
- Institution:
University of Warsaw
- ORCID:
https://orcid.org/0009-0003-0439-1774
- Year of publication:
2024
- Source:
Show
- Pages:
243-254
- DOI Address:
https://doi.org/10.15804/ppk.2024.02.17
- PDF:
ppk/78/ppk7817.pdf
The article aims to investigate the system of the social market economy in Poland and Italy. It compares constitutional provisions, distinguishing national commonalities and discrepancies. They are the basis for the identification of the precepts common to all social market economies in Europe. The analysis concludes that combining economic rights with social interests is essential to establishing the social market economy.