Balanced budget as a principle of law in the financial crisis case law of the Constitutional Tribunal

• Authors: Mirosław Granat

Title variants

PL

Równowaga budżetowa jako zasada prawa (na marginesie orzecznictwa Trybunału Konstytucyjnego czasu kryzysu finansowego)

• Languages of publication: PL

Abstracts

PL

This article deals with the judgments of the Constitutional Tribunal, issued during the financial crisis, concerning citizen’s social rights. Without doubt, the Constitutional Tribunal’s judgments issued during the financial crisis took into account the importance of state’s balanced budget. The Constitutional Tribunal applied and promoted this principle in process of balancing of the constitutional principles. Despite being controversial, the judgments in question were issued in a particular situation and were a consequence of a rational discussion. Each case of balancing of principles of law by a constitutional court takes place in a concrete moment, and therefore is not abstract in its character. The author explores the value that the Constitutional Tribunal ascribes to balanced budget and to the goods that were endangered during the crisis, such as valorisation of pensions. The article shows that the Constitutional Tribunal treated balanced budget as a principle of law and interpreted it narrowly. In this sense, budget balance signified a balance between the income and expenditure of the state. Such an interpretation of the balanced budget led to the understanding of the balanced budget as an economic indicator, that is to say as a type of financial bill of the state. The author argues that this understanding of the balanced budget (as a balance between the income and expenditures of the state) – in contrast to Constitutional Tribunal’s understanding – does not have a rank of a constitutional principle. In such case, balanced budget is an instrument of state’s economic policy, or has a character of a rule of law. The author states that in constitutional law the principle of balanced budget should be understood as a responsible economic policy of the public authorities. In this sense, balanced budget is anchored in the principle of common good (Article 1 of the Polish Constitution). A (responsible) economic policy of the state is one of the dimensions of this common good.

• Publisher: Uniwersytet Jagielloński, Krakowski Instytut Prawa Karnego Fundacja
• Journal: Constitutional Review
• Year: 2018
• Issue: 3

Dates

published

2019-03-16

online

2019-03-16

Contributors

author

Mirosław Granat