New Challenges of Economic Governance Economic Constitutionalism 4th Lecture

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New Challenges of Economic GovernanceEconomic
Constitutionalism4th Lecture

• Dr. habil. Maria Bordas
• Professor
• Corvinus University of Budapest
• Faculty of Public Administration
• Department of Public Administration

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Role of Economic Constitutionalism

• Constitution
• Legal norm basic act
• Acts and decrees constitutional problem
• Supervision of the Constitutional Court right to
  destroy
• Interpretation of the Constitutional Court
  general provisions
• Function of Economic Consitutionalism
• Regulation of government acitivities stabilty,
  accountability
• Generally accepted requirements public goals -
  intervention
• Limitation for government activitiesguarantees

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Economic Constitutional Regulations

• Aims
• Protection of the economic order right tp
  property, contract, entrepreneurial acivity,
  economic activity
• Provident, servicing state social rights
• Economic security and welfare requirements for
  the economic policy economic security, welfare,
  good influence on economic processes
• Levels
• Provisions for the government decisions
• Constitutional rights can not be violated

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Economic rights

• Common features
• declare economic freedom
• protect the business firms
• civil law legal relations
• 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 exproprietion - compensation

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Social Rights

• Features
• Second generation rights
• State activity is required
• Aim welfare, social security, employment
• Not a legal issue
• Minimum for the life, wide welfare
  institutions, concrete house, health, aids,
  measure
• Different solutions USA, Europe
• Redistribution limits the right to property

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Principles of Economi Policy

• Expectations
• State aims social market economy, freedom of
  economic competition, scientific and technical
  development, environmnet protection
• Economic policy
• Economic growth
• Economic planning
• Economic security
• 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

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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
• Important against inadequate economic policy

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Hungarian Economic Constitution

• Hungarian constitution
• Declaration market economy, right to
  entrepreneurial activity, freedom of economic
  competition
• 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