– What is the basic concern of Polish officials? The constitution? Common good? The spirit of law? The citizens’ interest? – asks President of Employers of Poland Andrzej Malinowski in an article for “Rzeczpospolita”.
– Looking at the current situation, I find it hard to resist the impression that for many such a concern might be best expressed by a popular quote from the days of PRL, attributed to Stalinist prosecutor Wyszyński: “give me a man and I will find the clause”. Any attempt to get rid of this principle results in bureaucratic clamor – this is also the case when it comes to the draft of a new Economic Activity Act, prepared by the ministry of Economy and intended as “constitution for entrepreneurs” of sorts – assesses the President.
The act would put an end to officials’ whims when controlling companies. As constitutions do, it secures one of the basic rights: the presumption of innocence. In case of ambiguous regulations, doubts will be resolved in favor of entrepreneurs.
– The guidelines of the “entrepreneurs’ constitution” are now being used for target practice: The Polish Financial Supervision Authority warns that introducing the new law will paralyze the institution, the Ministry of Finance states that it will result in equal treatment of consumers and companies to the detriment of the former – writes Malinowski. The Ministry of Infrastructure and Development, Ministry of Administration and Digitalization. Ministry of Environment, Office of Competition and Consumer Protection and Central Anti-Corruption Bureau have also raised objections.
According to President of Employers of Poland, this common opposition among officials is intended to prevent the passing of the new law, so that everything stays the way it has been before.
What if the act cannot be killed? Officials have a plan B. They suggest that changes should be introduced in small steps, so that the principle of presupposition of innocence is innocuously removed. – For companies plagued with controls, entrepreneurs burdened with unjust penalties and other victims of officials’ interpretations it will surely be just a small step – however, a step towards the precipice and into the abyss – opines resident Malinowski.
– If politicians succumb to this clamor, if they side with an egoistic caste which only protects its own interests, then I pity the mirrors in which they look – he concludes.