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Si 4th lecture - 2020 (1)
1. State Insitutitons of Economic
Governance
Economic Constitutionalism
Prof. Dr. Maria Bordas
Professor
National University of Public Service
Faculty of Public Governance and International
Relations
2020.
2. Role of Economic Constitutionalism
Constitution:
Legal norm – basic act
Acts and decrees – constitutional problem
Supervision of the Constitutional Court: right to annul
Interpretation of the Constitutional Court: general
provisions
3. Function of Economic
Consitutionalism
Regulation of government
acitivities: stabilty, accountability
Generally accepted requirements:
public goals - intervention
Limitation for government
activities:guarantees
4. Economic Constitutional
Regulations
Aims:
Protection of the economic order: right to property,
contract, entrepreneurial activity, economic equality,
market competition
Provident, servicing state: social rights
Economic security and welfare: requirements for
the economic policy: security, welfare, good influence
on economic processes
7. Economic rights II.
Limitations: not absolute protection: can be
limited in necessary and proportional measure
Right to entrepreneurial activity: state
monopolies – private monopolies
Right to contract: price regulation, abuse with
monoply position, customer contracts
Economic equality: state subsidy, tax
allowance
Right to property: expropriation -
compensation
9. Social Rights
Not a legal issue:
Minimum for the life, wide welfare institutions,
concrete: house, health, education, aids
Different solutions: USA, Europe
Redistribution: limits the right to property
10. Principles of Economic Policy
Expectations:
State aims: social market economy, freedom of
economic competition, scientific and technical
development, environment protection
Economic policy:
Economic growth
Economic planning
Economic security
11. Principles of Economic Policy II
Fiscal policy: stable, financable, complete,
transparent, efficient, guarantees for procedural
rules
Monetary policy: price stability, adequacy,
independency of the central bank
State property: alienate prohibition, decision of
the parliament
12. Interpretation of the Constitutional Court
Relevance:
Constitutional legal norms are brief
Continuous interpretation
Problem: economic, not legal content
Points of view:
- Public goal, when constitutional rights are
violated
- Social security is served by the economic
policy
- Generally accpeted principles
14. Interpretation of the
Constitutional Court
Wide opportunity
Can not supervise government
decisions
Constitutional problem: total elimination
of market institutions
State intervention can not be interpreted
Social rights: contradictory
16. Economic Constitutionalism
(recent)
Basic Act
Means: regulation in the Constitution, if
problematic
Complain, action/petition – not by anybody (actio
popularis)
No decision in financial matters
Repealed former resolutions
Appointment of the president by the Parliament
Appointment of the members based on loyalty