– Using stop-gaps in the form of special acts instead of a systemic change in regulations is a plague that should finally be opposed – says Arkadiusz Pączka, director of the Legislation Monitoring Centre of Employers of Poland.
The most recent suggestions of special acts – regarding carbohydrates and railway services – show that in Poland it is practically impossible to conduct a large investment without circumnavigating commonly applicable legal regulations. Such a stance of the legislators can be seen as a devastation of the law and solidifying pathology. If general regulations are inappropriate, a thorough reform is needed – not an introduction of further exceptions to rules.
As early as March 2011, Employers of Poland alarmed that special acts were not an appropriate and that they were abused in the case of important infrastructural investments. There were five such acts in force at that time, now there are twice as many and more are at the initial stage of the legislative process.
The Town Planning and Construction Code was intended to answer these mounting problems by uniting all construction regulation in a single act. However, works on this document are progressing rather slowly and the resignation of the chairman of the codification company might result in a further slowdown. The importance of the Code was underlined by Prime Minister Ewa Kopacz in her exposé, when she stated that a Project would be presented to Sejm in early 2015, but it is unlikely that this promise will be kept.
There is no doubt that investing in road, rail and energy infrastructure is key for Poland’s further development. However, it should not always be conducted based on special regulations. It is high time the regulations were simplified for all investors and all kinds of investments – thus creating a level playing field.
director of the Legislation Monitoring Centre of Employers of Poland