Etatization as a remedy for privatization

Tadeusz Kocowski

Uniwersytet Wrocławski

Witold Małecki

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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).