Społeczna gospodarka rynkowa w prawie polskim
Social Market Economy in Polish Law

Summary/Abstract: The social market economy is a normative concept in Polish law. Firstly, it is necessary to read the content of the provisions in the sense given to them by the Polish legislator, and then to define what lays at the root of these normative statements. The social market economy is primarily expressed by the principle set out in the Constitution of the Republic of Poland which provides the basis of the Polish economic system based on the freedom of economic activity, private ownership as well as solidarity, dialogue and cooperation between social partners. Art. 22 of the Constitution permits limitations to the freedom of economic activity by means of a statute, but it does not refer to the principle of the social market economy. It only provides that the limitations may be imposed only for important public reasons. A special role in the implementation of the principle of social market economy must be given to the state itself, which should occur in the economy as an entity representing both social and public interests. The role of the state is also to act as a chief arbitrator intending to combine social and public interests as well as to solve diverse conflicts that frequently appear in the functioning of society and economy, thus within thesocial market economy.

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