fourth edition Legislative report of Polish Employers entitled points seven sins of major lawmaking in Poland. These include: unreliable consultation, secrecy, parliamentary contributions, haste, lack of concept, overregulation and instability of the law.
Polish employers analysed 174 laws passed by the Sejm in the period from 21 November 2019 to 31 March 2021, so to a large extent the laws of the so-called covid "The evaluation of the achievements of this period is strict - the report states. "The majority of Parliament often made decisions in too much haste, ignoring consultation with the social partners and other important elements of the legislative process."
Unfair public consultation
This sin was most often committed – and this has been the case since the beginning of the 8th Sejm term, which is November 2015 In most cases, in the case of business laws, projects are not addressed for consultation, after their adoption by the Government, or they are expected to be consulted within periods significantly shorter than those required by the existing laws (about RDS, about employers' organisations).
There are also projects that are consulted in theory, but in practice only the sentence matters one Parties – opinions second are completely ignored. Over three fourth laws affecting business conduct are adopted despite the lack of reliable consultation.
„Secret projects
The lack of consultation of government aid laws, the so-called crisis shields, has clearly translated into the secrecy of these projects. The solutions contained in these laws in the vast majority were not known to the addressees of the legislation before submitting draft laws to the Sejm.
Moreover, during the committee's parliamentary work there were numerous amendments, strengthening the impression of secrecy and... chaos.
Within the framework of the “anti-crisis shield”, many provisions have been introduced in general not related to support for entrepreneurs or to the protection of jobs, such as the shortening of the term of office of the President of the Office of Electronic Communications, the right of the Prime Minister to dismiss and appoint members of the Social Dialogue Council (including representatives of employers and trade unions) and even envelope elections (for those in quarantine or age above) 60 years.
„Members' allowance’
A good example of how inlays work is Act dated 15 July 2020 about Polish Tourist Bon. It started with a dozen articles and ended with almost 50. The text itself resembles a project brought to the Sejm. As part of the project, the Public Roads Act was amended to modernise the electronic toll collection system, based on satellite positioning.
Hurry
After an unreliable consultation, it's a rush. second The most commonly committed sin by designers and legislators. Among other things, much haste was the work on the bill introducing double taxation of limited companies. The Act entered into force 28 November 2020, to cover additional taxation of limited companies from 1 January 2021, What for above 40-Here. one thousand the activity proved to be a huge shock.
No Concept
A classic example of the lack of a concept is the updating of the rules and the lack of a clear solution, which provisions – new or existing – should apply to proceedings already initiated and not yet completed. A further amendment is often needed to resolve the situation and so was the case.
Act dated 23 January 2020 amending the Act – geological and mining law and some other laws. The content of the Act was short and it came to the conclusion that the existing provisions were applicable to the commenced and unfinished concession proceedings.
Overregulation
The sin of overregulation is a classic example of the fact that the amount of law laid down is put above its quality. Unfortunately, the multitude of regulations rarely goes hand in hand with quality, as the addressees of the legal standards are best aware of, the obligation to apply them in practice.
Legal instability
All surveys and surveys conducted among entrepreneurs show that unstable law constitutes one from the main barriers to the development of economic activity. In view of the sins described above, it should be stated that they together consist of the instability of the law. If the laws are passed too quickly, without consultation, without concept, or within the framework of a "membership allowance", this inevitably increases the risk of sin becoming unstable.
Source: Report 7 sins of major lawmaking in Poland, prepared by the Employers of the Republic of Poland, fourth edition November 2019 – March 2021.