- Introducing the liability of ministerial officials for creating bad legislation, as suggested by the Human Rights Defender Irena Lipowicz, could be the first step towards at least restricting legislative sloppiness – says Piotr Wołejko, expert of Employers of Poland.
It is certainly high time a discussion on the officials’ liability for bad law was started. When elaborating particular legal solutions, experiences with the act on the material liability of public officials for glaring violations of the law should be taken into consideration. Procedures included in the regulations passed in January 2011 are so complicated and time-consuming, that to this day no one has been penalized.
The transparency of the process of elaborating acts and regulations should also be improved. The names and positions of officials working on a particular draft should be public. The same applies to analyses of legal documents prepared and commissioned by officials, as well as the opinions and comments of all interested parties.
Professor Irena Lipowicz discussed introducing the liability of ministerial officials for bad legislation in “Rzeczpospolita” on April 17th.
Piotr Wołejko, expert of Employers of Poland