Professional Self‑government: an Ally or Enemy of Civil Society?

Abstract

The Constitution of The Republic of Poland (Article 17) says that: “By means of a statute, self‑governments may be created within a profession in which the public repose confidence, and such self‑governments shall concern themselves with the proper practice of such professions in accordance with, and for the purpose of protecting, the public interest”. This regulation is based on two principles: The first is the principle of professionalism; the second embraces norms that must be observed by representatives of professions of public trust. Those groups can make the decisions of their members or profits for themselves. This puts them in a different position than other participants of social and economic life. Professional associations are not driven by market rules, nor administrative regulations (relating to the postulate of the division of labor). The problem begins when – from a social point of view – it is no longer possible to regard these organizations as trustworthy partners. The gap between legal and social perspectives raises doubts about the way in which a civil society could face professional self‑governments when they are seen as being hostile to them.