Employers of Poland have reviewed drafts of government documents on competition policy and consumer policy for the period 2014-2018. - Many of the proposed provisions are questionable and deserve criticism - notes Arkadiusz Pączka, director of the Legislation Monitoring Centre of the Employers of Poland.
One of the most important goals in the field of consumer policy for the years 2014-2018 should be to reform the way the register of prohibited contractual provisions functions.
- I believe the current law defines how to maintain the register of standard contract clauses found illegal by the President of the OCCP (Office of Competition and Consumer Protection) and the information that should be included there too broadly. The rapid increase in the number of illegal clauses in recent years has also not been taken into account - says Arkadiusz Pączka.
In turn, the inability to assess what constitutes the abusiveness (illegal character) of the provisions in the register and duplication of clauses make it difficult for entrepreneurs to use the register properly. A huge number of prohibited clauses means that companies are not able to keep track of the accuracy of draft agreements they use.
The Employers of Poland are also critical of the proposal, contained in the policy on competition for the period 2014-2018, that the President of the OCCP will be empowered to impose fines on natural persons with managerial functions in companies. In the opinion of the organization rules contained in this document do not guarantee an objective assessment of the justification for punishing an individual person, and do not provide sufficient measures for an individual to defend oneself. Granting the President of the OCCP this type of competence can paralyze the decision-making processes in companies.
A disturbing fact is also an increasingly common practice of the OCCP to conduct several proceedings at the same time against the same entrepreneur - because it interferes with the normal functioning of companies in the free market .