The draft of the act establishing the post of the Entrepreneurs’ Rights Spokesperson, filed in Sejm by PSL last week, is an acknowledgement of the difficult conditions facing entrepreneurs. According to Employers of Poland, Polish administration officials can quickly destroy entrepreneurs and companies for no justifiable reason. According to Employers of Poland, rather than create a new office, the competences of the Human Rights Spokesperson should be extended to cover entrepreneurship-related issues. Better yet – the law should be deregulated and simplified.
The position of Employers of Poland is clear – increased protection for entrepreneurs is necessary and should be one of the priorities for decision makers, including the Sejm. We welcome and appreciate the draft prepared by MP’s, a demonstration of concern for entrepreneurs, just as we welcome the draft on the same issue filed by PSL during the previous parliamentary term. However, the solutions proposed do not go far enough.
Experts of Employers of Poland would like to draw particular attention to the weaker position of the Entrepreneurs’ Rights Spokesperson compared to the Human Right Spokesperson. This may create doubts as to the effectiveness of the former, who will not have the right to send motions to the Constitutional Tribunal asking for the constitutionality of regulations, ratified international agreements and other legal acts to be investigated – unlike the Human Right Spokesperson.
Therefore, Employers of Poland suggest extending the competences of the already existing offices to cover entrepreneur protection. Creating a new institution with restricted competences would go against the efficiency principle, so fundamental for rational entrepreneurs.
Furthermore, deregulating and simplifying legislation would be a better solution for the predicaments facing entrepreneurs. The excessive volume and incoherence of the law gives incompetent – or in, extreme cases, dishonest – public functionaries a far too strong position vis-à-vis the citizens in general and entrepreneurs in particular. Those who provide jobs and create Gross Domestic Product are often mistreated, ignored or even persecuted by public administration. Failure to comply with the law or its outright abuses, both unwitting and calculated, are an everyday reality among public functionaries.
In light of this, it is clear that improved respect for the principles such as the freedom of economic activity, property, equality before the law and the right to defense, is absolutely imperative.