– In July this year the Act on freedom of economic activity had its 10th anniversary. Its provisions have not meet hopes pinned upon them by entrepreneurs. Over the years they have been amended, but the changes complicated business activities instead of facilitating them. Today the law is an expression of the triumph of bureaucracy over business – says Arkadiusz Pączka, Director of the Legislation Monitoring Centre of Employers of Poland.
The new Law on business activity proposed by the Ministry of Economy is to restore the balance between government and business. An almost 60-page long draft of assumption to the so called Constitution for entrepreneurs contains many favourable business proposals. However, when you read the document you get the impression that that most of them are reflected in the provisions that are already in place – such as the principle of the rule of law or the rule that what is not prohibited by law, is permitted. Unfortunately, in practice the latter rule is often reversed to: what is not allowed is forbidden. Will the next act - this time called Business Law - change the mentality and practice of officials?
The right assumptions for Business Law will have to be converted into legal norms. Not until the norms are encoded in the rules, will one be able to make a comprehensive evaluation of the proposed amendments. Today we still in the realm of good ideas and assurances that - once again - officials want the best for entrepreneurs. Pre-election time is conducive to this type of situations, and therefore we approach the announced revolution cautiously. We take the PM Ewa Kopacz at her word. Adopting Business Law one of the main promises she made in her exposé. There is no doubt that businessmen want to see changes in the regulatory and legal conditions of running a business and the cutting red tape will help to accelerate economic growth and create new jobs.
Arkadiusz Pączka, Director of the Legislation Monitoring Centre of Employers of Poland