ETYCZNE ASPEKTY FINANSOWANIA POTRZEB SOCJALNYCH ZE ŚRODKÓW PUBLICZNYCH
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Date
2004
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Wydział Prawa i Administracji UAM
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ETHICAL ASPECTS OF FINANCING SOCIAL NEEDS WITH PUBLIC MONEY
Abstract
Financing social needs with public resources should be compliant with the constitutional
rule of social justice. However, the notion of justice is not defined as a legal term. Constitution
of the Republic of Poland (chapter II, subchapter “Economic, social and cultural freedoms and
rights”) seems to derive the notion of justice from egalitarianism. However, it leaves out the
rule of subsidiarity and solidarity which are also mentioned in the Constitution. These rules
in the context of financing social needs with taxpayers’ money do not allow clear-cut egalitarianism
as it is unjust in this respect. On the other hand, the rule of subsidiarity and solidarity
provides for a different division of tasks between different social structures and citizens
and the assistance coming from the public resources should be granted to those who genuinely
need it. It would allow for the implementation of the rule of justice to a much greater
extent than mechanically understood equality does. Furthermore, it would help to avoid serious
problems linked to the growing deficit of public spending and the need to keep a high rate
of taxes and other duties and to alleviate numerous tensions and social conflicts. This does not
mean, however, that the Government should abandon implementation of tasks related to social
assistance but goes on to say that it should provide the conditions for organization and financing
these tasks in a different way. It would require a decisive shift away from egalitarian
concepts and the change of the law, to include the Constitution itself. Present solutions reveal inconsistency and internal incoherence of the Constitution.
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Ruch Prawniczy, Ekonomiczny i Socjologiczny 66, 2004, z. 1, s. 7-14.