Konstytucyjna zasada społecznej gospodarki rynkowej a spółki z udziałem Skarbu Państwa
Constitutional Principle of the Social Market Economy and Companies with State Treasury Shareholding

Summary/Abstract: When considering the position of commercial companies with the State Treasury shareholding in the system of the social market economy, two different views, which de facto exclude each other, should be pointed out. These discrepancies result from the interpretation of two pillars of the economic system. The first one is the understanding of the protection of private ownership as a constitutional principle of the social market economy which determines the subjective scope of the principles of economic freedom constituting thesecond pillar. In the literature of public law the dominating view qualifies commercial companies with the State Treasury share holding as a category of public enterprises to which the principle of economic freedom is not applied and thus they do not fall within the system of the social market economy. In the minority are the proponents of the second view (including the Author of the article) which assumes that the implementation of the model of the social market economy based on economic freedom may also include public economic activities focused on the realization of general social objectives and meeting the collective needs of citizens or local communities by using the form of a private law entrepreneur– a capital company pursuing aims of general interest.

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