Wpływ władzy totalitarnej na sposoby regulacji polskiego prawa gospodarczego

In the current legal order there are two ways of regulating economic law. According to the dualist concept, economic relations are treated as separate from civil law relations, while, according to the principle of the unity of civil law, the aspects of economic turnover are a specialized part of civil law. In Poland, the dualist concept was replaced under communist authoritarian rule by the principle of the unity of civil law in order to emphasize the low usefulness and lack of practical relevance of economic turnover, which was replaced almost entirely by socialized turnover conducted by economic units with state status. Despite the departure from totalitarian rule and in the current system of social market economy, the principle of the unity of civil law has persisted. The paper shows that the principle of the unity of civil law, although instrumentally treated by authoritarian governments, has a number of advantages that allow it to function successfully in the conditions of freedom of entrepreneurship in the European Union and in the face of political changes that took place in Poland at the turn of the twenty-first century.

The European Green Deal and the social market economy

The European Green Deal is an attempt to transform the European Union's economy in order to achieve climate neutrality by 2050. This is to counteract undesirable climate change and environmental degradation. In this context, an interesting question is whether the implementation of the European Green Deal is in line with the European Union's model of the Social Market Economy. In order to be able to answer this research question, this study is divided into five parts. The first is an introduction to the analysed issues. The second part presents the basic assumptions of the European Green Deal. The third presents the most important assumptions of the Social Market Economy in the context of climate policy. The fourth part analyses the coherence of the European Green Deal with the model of the Social Market Economy. The study ends with a summary containing the conclusions of the conducted research.

A Grounded Theory on Sustainable Circular Public Procurement in Germany: Specific Product Case and Strategies

By using its purchasing power to procure environmentally friendly goods and services, the public sector can significantly contribute to sustainability in production and consumption. The sector’s support is also needed for the development of a circular economy (CE), but the absence of a suitable procurement practice often constitutes a barrier. A pressing example for a global need to develop the CE further exists in the tyre context. By the end of 2030, the number of end-of-life tyres (ELT) is expected to rise significantly. This article analyses the role and situation of public procurement and the necessity of quality infrastructure elements to support a sustainable tyre CE in the European Union’s member state Germany. It relies on a multiple case case study-based Grounded Theory approach and 22 interviews with public procurement professionals. Five types of barriers for sustainable circular tyre procurement were identified, concerning regulatory, technical, social, market, and ecological aspects. Possible strategies to overcome them were developed, leading to 14 recommendations for German policymakers and public procurement organisations. In particular, the recommendations focus on the two quality infrastructure elements ‘standards’ and ‘labelling’, with four standardization aspects and eight labelling topics in total.

A Few Bad Apples or the Logic of Capitalism?

This article investigates how neoliberal globalization has been mediated through audiovisual narratives since the 2000s. It identifies a cluster of films, produced by and circulating on German public television, which use the generic conventions of the popular crime genre to constitute a sub-genre—the televisual economic crime drama. Using a content and textual analysis that focuses on the backdrop of historical context and genre norms, the article examines key tropes to assess the critical potential of this sub-genre. The analysis demonstrates that both the containment theme of “a few bad apples” and a systemic critique can structure these narratives of neoliberalism. At its best, the televisual economic crime drama argues that alternatives to neoliberalism are possible by referencing Germany’s history of the social market economy and by featuring characters as well as images of active citizenship, solidarity, and collective action in the workplace.

Introduction

The German federal election in September 2021 marked a significant transformation for German politics. As Chancellor Angela Merkel decided not to run again, the election spelled the end of her 16-year tenure; it also signaled a major shift in the German party system. The right-populist Alternative for Germany (AfD) entered the Bundestag again after their first entry in 2017, implying—for the first time since 1949—the establishment and sustained parliamentary presence of a party on the national level to the (far-)right of the Christian Democrats. The challenges facing the new parliament and government after the election are paramount. The climate crisis looms as large as ever. With the exception of the AfD, all German parties (and a distinct majority of voters) see this as the most pressing issue to tackle. However, the scope of action will be limited as the extensive state debt accumulated through covid-19 relief measures exerts pressure on the specific German model of social market economy. Finally, the international environment has seen drastic changes in the last years: While the election of u.s. President Joe Biden as successor to Donald Trump implies a return to normal for transatlantic relations, the uk exit from the eu shifts the balance between the remaining member states. After the Euro, refugee, and pandemic crises, European solidarity is strained, complicating Germany’s role as the eu’s “reluctant hegemon” or “gentle giant.” This reluctance or restraint connotes far more than a strategic policy choice: it is deeply rooted in the German history of the twentieth century that witnessed the cruelty and atrocities of the Nazi regime.