Bernatt, Maciej Author aut (orcid)0000-0001-6765-9115 Text xx# 2023 Verfassungsblog 2023-10-16 eng

electronic resource

remote

Computermedien

Online-Ressource

In the last eight years Poland experienced an illiberal shift. Key elements of constitutional democracy were undermined. The story is well-known to public law scholars, particularly with respect to judicial reforms. However, off most people’s radar have been the changes which increased the role of state-controlled and state-owned firms (SOEs) in the Polish economy which have supported Poland’s illiberal tendencies. Pre-election period is illustrative in this respect, with the ruling majority benefitting from various kinds of support from SOEs which undermined a level playing field. The Polish experience arguably sheds light on constitutional democracies’ weaknesses in effectively addressing the links between political and market power which can further democratic backsliding. In this blogpost, I will highlight why the existing legal framework, in particular remedies available in law aimed at imposing limits on the use of market power, i.e. competition law, are insufficient to address this risk and why a broader debate in public law is necessary in this respect. CC BY-SA 4.0 Bernatt, Maciej Competition Law Poland Rule of Law 342 https://verfassungsblog.de/market-power-democracy-and-unfair-elections/ 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.59704/ea98f882be3a1922 231016 10.59704/ea98f882be3a1922 Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)