The Council of Ministers decides whether to accept the draft of guidelines to the new Economic Activity Law. It should essentially be a return to tested best practices – the so-called Wilczek Act, which initiated the Polish economic boom over a quarter of a century ago. Over time, this law was gradually restricted – these restrictions are to be removed. The government promises that it will be done before the end of this term. Employers of Poland support the draft, but are of the opinion that it is only one step in the right direction.
As the authors of the draft point out, the main objective is to guarantee the enforcement of the constitutional principle of economic freedom. The new Economic Activity Law is intended to acknowledge the fact that 99 percent of entrepreneurs are honest and abide the law, so the administration should only fulfill a service and support function for them, while the sanctions should be directed towards the 1 percent who break the law. The principle that what is not legally prohibited is allowed is to be included in the act.
After four months of battles with other ministries and government institutions the Ministry of Economy has managed to get the draft to be presented before the Council of Ministers. The appropriate and long-awaited changes may be more real if the document is accepted. However, it should be emphasized that we are only talking about a draft of guidelines which will serve as a basis for the draft of the act.
The benefits of such a new Economic Activity Law for entrepreneurs are obvious. It should reinvigorate the ailing freedom of economic activity, which is – ironically – regulated by the act on the freedom of economic activity currently in force. The new act clearly establishes entrepreneurs’ rights and, what is particularly important, situates them in a single document. Today, some of the rights result directly from the constitution, while others are scattered across many different acts – a. o. The Administrative Procedure Code.
The new act, if it is passed, while only be a single step in the right direction. Not only some of the legislation currently in force has to change, but the practices of state institutions – such as the tax authorities – have to change. However, the new Economic Activity Law could be a symbolic beginning of changes in a direction supported by entrepreneurs. For this reason we should expect the government to proceed without obstruction on the part of ministers and government institution with which the draft has been faced thus far.
Piotr Wołejko, expert of Employers of Poland for socioeconomic affairs