Etatization as a remedy for privatization Cover Image

Etatyzacja remedium na prywatyzację
Etatization as a remedy for privatization

Author(s): Tadeusz Kocowski, Witold Małecki
Subject(s): Constitutional Law, Law on Economics
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: economic law; privatization; etatization; State Treasury; state enterprise; state property;

Summary/Abstract: During the three decades of the existence of the Third Republic of Poland, the state policy on state property in the sphere of the economy has undergone significant changes. After the political and economic transformation, commercialization and privatization processes were carried out on a large scale, as a result of which state enterprises changed their legal form and were transferred (to a large extent) to private entities. Since 2015, the legislator and state authorities have pursued a policy of etatization, as a result of which private entities are taken over by the State Treasury and other legal entities under state control. The aim of the article „Etatisation as a remedy for privatization” is to present the legal regulations based on which privatization was once carried out, and now – etatization is being carried out. The article states that the change in the direction of state policy state property in the sphere of the economy has been reflected in legislation. The provisions of the Constitution of the Republic of Poland remain unchanged, however, further expansion of state property may disturb the domination of private property in the economic system of the Republic of Poland. This would be a violation of article 20 of the Constitution of the Republic of Poland, which includes private property as one of the foundations of the economic system of the Republic of Poland (pillars of the social market economy).

  • Issue Year: 2021
  • Issue No: 53
  • Page Range: 303-319
  • Page Count: 18
  • Language: Polish