Dr. Piotr Marciniak discussed the constitutional legal framework for the decentralization of public tasks in the sphere of the economy and functional deregulation using chambers of commerce during Panel II – Limits and directions of deregulation in public economic law organized as part of the Congress of Departments, Departments and Research Teams of Public Economic Law: “Public economic law in the era of dynamic changes” on 10-12/06/2026 in Olsztyn, Poland.
Abstract
In the Polish constitutional order, decentralization of public tasks is a systemic principle (Article 15 of the Constitution of the Republic of Poland), and the social market economy requires a real dialogue of social partners (Article 20). Despite this, public economic self-government has not been introduced yet. The Chambers of Commerce Act of 1989 (Article 2) incorrectly refers to chambers as “institutions of economic self-government”, when in fact they function as private law associations.
The starting point of the paper was the reconstruction of the constitutional meaning of the concepts of decentralization and self-government under Art. 15, 16 and 20 of the Constitution of the Republic of Poland, as well as a reference to the regulations of Chapter VII regarding the performance and financing of public tasks. The above considerations were then referred to Art. 17 section 2 of the Constitution of the Republic of Poland, which allows the creation of economic self-government as a special form of self-government. Additionally, the provisions establishing agricultural chambers (in 1995, before the entry into force of the Constitution of the Republic of Poland) and the Polish Chamber of Insurance (quasi-public in nature), as well as art. 5 section 3 of the Act on Chambers of Commerce.
The speech attempted to answer the question whether deep decentralization of public tasks using public law economic self-government is possible without changing the Constitution? The analysis of the applicable regulations allows us to put forward the thesis that such a solution is possible under the current constitutional model, and sectoral economic self-government may be an instrument of functional deregulation of economic administration. This form of decentralization does not violate the unity of the state and at the same time strengthens the implementation of the social market economy. The paper formulates de lege ferenda demands and indicates the limits of such deregulation.
Presentation in Polish:
