There's a lot of confusion around the so-called fur bill. Against the background of the interests of the fur industry, agriculture, animal protection and, of course, the sum that the government will have to spend on, among other things, compensation or the launch of the State Animal Protection Inspection.
On 18 September 2020 The Polish Sejm passed a bill amending the Act on the Protection of Animals and certain other laws (segment printing no. 378, 597 and 625, Senate printing No. 209; hereinafter: ‘Project’).
The project assumes, as its justification suggests, "to strengthen the legal protection of animals and to improve their well-being". After first reading in the Senate we already know that certain issues will be clarified. It will certainly be problematic to vacatio legis the bill, as well as compensation for the affected industries.
The President does not rule out the referral of the Project to the Constitutional Court, in connection with the violation of property rights or business rights, to which the Constitution guarantees economic freedom, and "5 for animals" in several points breaks it.
Voice of the SME Ombudsman
The Ombudsman of small and medium-sized entrepreneurs pointed out the shortcomings in the bill. In a letter addressed to the Senate Marshal, Adam Abramowicz points out that the proposed date of entry into force of this regulation (in the Project) 12 months from the date of publication, should be considered too short. The time limit proposed by the Ombudsman for the implementation of the rules on the prohibition of fur breeding and the restriction of ritual slaughter is 5 years.
The Ombudsman also points out Article 11 A project that too generally provides for the right to compensation from the State budget for the cessation of livestock farming or breeding without specifying details.
ricochet rules that hit entrepreneurs operating private shelters for homeless animals can also be problematic. They will be forced to make substantial changes to the business profile so as not to benefit from animal welfare. Experts note the radical nature of this solution. Perhaps it would be a better idea to control shelters, which are often better run in private than those run by state, local government or aid organisations.
Project fate after first reading in the Senate
The Senate committee referred to requests from, among other things, the SME Ombudsman and proposes to extend the vacatio legis, with the PSL proposing ten-year the transitional period and the Law and Justice Offices are different in adopting the three-year period. Vacatio legis are checked for similar laws in other countries. Compensation is to be clarified. PSL proposes their strong package –
10-annual compensation calculated on the basis of income from the last 5 years of company activity,
separate compensation for the disposal of means of production, fixed assets invested, site rehabilitation,
financial resources for retraining workers who will lose their jobs as a result of the closure of the fur industry or restrictions on the activities of other operators in the agricultural sector which will have to close down or change their nature. There was also a proposal to grant special unemployment benefits to workers for one year, at a minimum wage.
The debate continues. The Senate declares that it will consider Project to 18 October., and the President does not preclude him from being referred to the Constitutional Court, due to the violation of property rights or business rights, to which the Constitution guarantees economic freedom and the Project breaks it in several points.
Author: Katarzyna Kołbuś. Editor leading RB Magazine. From Over 10 years related to industry press, including the Financial Gazette and portal ipip.com.pl, which focuses on finance, taxation, law, politics and the economy