IMPACT OF THE PROVISIONS OF POLISH CONSTITUTION ON THE POSSIBILITY OF LIMITATION OF PUBLIC EXPENDITURES (Wplyw przepisow Konstytucji RP na mozliwosc ograniczenia wydatkow publicznych)

The article attempts to answer the question of effectiveness of the constitutional provisions (which exist for more then ten years in Polish legal order) aimed at maintaining the balance in public finances. As this balance has been threatened by the economic crisis, there is a need for assessment whether the regulations contained in Polish Constitution provide sufficient safeguards for one of the fundamental values, i.e. financial stability of the State. The issues of possible growth of budget deficit and further increase of national debt have become the subject of heated political debate. The existing constitutional limitations in this field, imposed on the legislative and executive branches of power, raise controversy due to their restrictive character. In these circumstances, any attempts to further limit this freedom should be subject to careful examination in order to prevent violation of fundamental principles affecting the functioning of the state ruled by law. Of particular importance, in this context, is the conclusion of work on a government bill on public finances. The bill contains provisions to enable practical accomplishment of the values enshrined in the Constitution aimed at maintaining financial stability of the State. The article presents assessment of legal regulations contained in the above-mentioned bill, concerning in particular the so-called precautionary and sanative procedures. Their effective functioning, in face of a dramatic increase in the public debt, deserve more attention.