Social Dialogue as an Element of Polish Socio-Political System in the Light of the Constitution of the Republic of Poland
Social Dialogue as an Element of Polish Socio-Political System in the Light of the Constitution of the Republic of Poland
Author(s): Walerian SanetraSubject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: social dialogue; the Polish Constitution; the Tripartite Commission for Social and Economic Affairs; Collective Labour Code; dialogue of social partners; the Polish socio-economic system
Summary/Abstract: The author analyses the notion of the “social dialogue” in an attempt to clarify the way in which this term should be understood. Social dialogue is analysed in the light of solutions adopted in the Polish Constitution, under the assumption that social dialogue constitutes an important element of the Polish social and economic system. In particular, the author makes references to the wording of normative texts, for example to the Act on Tripartite Commission for Social and Economic Affairs, to the draft version of The Collective Labour Code and to the acts of the European law. The social dialogue is an expression used in the language of the law and legal language, but it is also present in colloquial and scholarly language or the language of journalism. There are no binding specifications of its meaning, especially binding legal definitions. The author attempts to create such a definition, by defining the parties of the social dialogue; the objective, subject matter and contents of such dialogue; the levels at which the dialogue should take place (for example dialogue at the level of the European Union or domestic dialogue) and finally showing the legal basis for social dialogue. The author also makes a distinction between social dialogue and dialogue of social partners. The dialogue of social partners (which is a special case of social dialogue) is one of the basic elements of the Polish socio-economic system.
Journal: Studia Iuridica
- Issue Year: 2015
- Issue No: 60
- Page Range: 185-206
- Page Count: 22