Refleksje nad nauką publicznego prawa gospodarczego

Abstrakt

In the context of the existing division of the legal system into public and private law and the new economic order, the science of public economic law occupies a special place among other legal disciplines. As a result of that, one of the important consequences is the interdependence of different disciplines in the sphere of legal relations concerning the market economy and the role of public authorities in respect of that matter. At the same time this influences the subject as well as the scope of research as they are necessarily related with the legal, as well as non-legal disciplines. The diversity of the studies in the area referred to above is also determined by the nature of this branch of law since public economic law combines the norms of substantive law and political structure law, and the procedure.

The special bond between the science of private law and public economic law results from the subject of legal regulations, which is the principle of freedom of economic activity on the one hand, and of respective duties of the State on the other, while in external relations the influence of the European Union legal system predominates and its influence on the sphere of economic relations is the strongest.

Economic issues are essentially the domain of economic sciences, and this is naturally reflected in legal regulations pertaining to such issues as the very content of law, the lawmaking process, or the creation of theoretical legal constructions. These relationships are particularly characteristic of the science of public economic law, making it distinct from other legal sciences.

The fundamental question that may be thus raised in the current political and economic regime is about the role and influence of the science of law on the legal system applicable in economy at different levels, on the principles of law-making and the methods used. It becomes of particular importance in a situation when the current binding regulations are being strongly criticised to the extent that we are dealing with a certain ’crisis of legal norms’. And this is in fact true about the whole sphere of public law upon which the state and its organs are based and function.