Published : 2022-12-31

Social Enterprise in the Functioning of the City. Legal Aspects

Abstract

The aim of this work is to present the issue of social enterprises against the background of one of the basic principles of the Polish Constitution, which is the principle of subsidiarity. In the further part of the work, an attempt was made to indicate the practical possibilities of using the social enterprise structure in the practice of the functioning of a modern city. The principle of subsidiarity is one of the basic principles of the Polish legal system. The content of this principle provides for the transfer of public authority as close as possible to the persons who are subject to that authority, up to the transfer of public authority to non-governmental organizations. This principle is usually combined with the principle of decentralization. Social enterprises are a manifestation of modern trends in the global economy as entities conducting economic activity, but also focused on the implementation of other goals than just profit, especially socially useful goals. Polish law has appropriate legal instruments for creating social enterprises, they can take the form of companies, cooperatives, foundations or associations. Unfortunately, the popularity of this type of activity is relatively small, especially compared to other EU countries and the United Kingdom. Social enterprises are potentially a very useful tool for participation in the management of a modern city. The use of this construction makes it possible to make management more flexible, to involve in the process of co-creating the city also people from outside the local administration and to improve the economic efficiency of the implementation of public tasks. The use of social enterprises in city management can be an excellent example of the practical implementation of the principle of subsidiarity.

Keywords:

principle of subsidiarity, social enterprise, public authority, Constitution, local government, economic activity, social activism



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Byczko, S. (2022). Social Enterprise in the Functioning of the City. Legal Aspects. Facta Simonidis, 15(2), 145–155. https://doi.org/10.56583/fs.2038

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Akademia Zamojska
ul. Pereca 2, 22-400 Zamość
tel. 84 638 34 44
fax 84 638 35 00
e-mail: rektorat@akademiazamojska.edu.pl
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