Success, or otherwise, of the constitution for business much vaunted by the current Polish government will depend on determination in enforcement of the new rules intended to improve legislative discipline and counteract unwarranted state interference in economic processes. Yet the usual attitude is “that’s how we always do it”, and old habits are hard to break, writes Bernadeta Kasztelan-Świetlik of GESSEL.

One of  the issues keeping businesspeople awake at night is the ever-changing legal landscape in Poland. Over-regulation, institution of ever-new duties and habitual dismissiveness of input from the business community are among the recurring complaints about the Polish administration. Jack-in-the-box legislative drafts popping up out of nowhere, to the accompaniment of promises how they will miraculously solve this or that economic problem overnight, are a regrettable norm, while comprehensive assessment of the economic and societal consequences of such legislation or consultations with those who will bear the brunt of implementing it are an exception rather than a rule. But, effective 30 April 2018, Poland has a constitution for business – a package of five statutes enacted on 6 March 2018 which, as the legislature would have it, will facilitate business operations, also in the aspect of interactions with the relevant authorities. We are happy to note that the constitution for business sets out principles for drafting normative legal acts in the realm of business law and for assessing their operation; the entirety of chapter VI is devoted to this issue. Six articles (66 -71)* focus on legislative discipline and on counteracting excessive, unwarranted state interference in economic processes. Could it be, then, that somebody, moved by an appreciation for the role of small and medium-sized enterprises, has found a way to improve the legislative process ?

It’s hard to be optimistic

Alas, I am not an optimist in this point. The new regulations concerning the legislative process largely boil down to a repetition of what has been internalised and described a long time ago. (...)

The full text (in Polish) is available here