What We Know After Several Days of Discussion on Deregulation – Reports Dr. Marek Woch, Expert at the Legislation Center of the Federation Przedsiebiorcy.pl
1) On February 10, 2025, Prime Minister Donald Tusk at the Warsaw Stock Exchange during the event “Poland. Year of Change” stated that “officials, legislators have in their blood, even when they say deregulation, usually invent new regulations, such is the world.”
2) Prime Minister Donald Tusk drew attention to “critics of opponents” from “large” employers and entrepreneurs organizations and gave them a task, also noting that the recommendations for deregulation, should concern issues that do not require legislative changes.
3) It turns out that there are employers and entrepreneurs organizations that are described as “opposition”, and if it’s oppositional, the government does not engage in discussions.
4) The Ministry of Development and Technology in January 2024 appointed a representative for deregulation and economic dialogue, who in the interim was named Deputy Spokesperson for Small and Medium Enterprises.
5) The Spokesperson for SMEs (official title) wanted to participate in the work of the team led by Mr. Rafał Brzoska. The rhetorical question, why some employers and entrepreneurs organizations have to demand this.
6) What was a secret is now public. Mr. Krzysztof Paszyk Minister of Development and Technology is hindered in his work on behalf of entrepreneurs by other government members.
7) Mr. Ryszard Petru, Chairman of the Economy and Development Commission in the Sejm has “interesting bills” on the commission’s agenda, but coalition partners together with officials block the proceedings – comment for Radio Zet from February 14, 2025.
Conclusion – maybe it’s enough to adhere to the regulations of the law from March 6, 2018.
The Entrepreneurs’ Law, where it was pointed out that: Guided by the constitutional principle of freedom of economic activity, as well as other constitutional principles of importance to entrepreneurs and the economic activity they pursue, including the principles of the rule of law, legal certainty, non-discrimination and sustainable development, recognizing that the protection and promotion of freedom of economic activity contribute to economic development and to the growth of social prosperity, aiming to guarantee the rights of entrepreneurs and considering the need to ensure continuous development of economic activity in conditions of free competition, the following is adopted:
Guarantees arising from general principles:
- The principle of freedom of economic activity and the principle of “what is not prohibited by law is allowed.”
Administrative bodies cannot impose on you mandates, prohibitions or penalties if a specific provision does not provide a clear basis for it. You cannot presume obligations of entrepreneurs or other restrictions on the freedom of economic activity.
- Assumption of business honesty.
The administration cannot assume that the entrepreneur operates dishonestly or unlawfully. If the body wants to burden you with an obligation or limit your freedom, it must have a legal basis and present incontrovertible evidence.
- The principle of resolving factual doubts in favor of the entrepreneur.
The administrative body cannot burden you with an obligation or limit your rights on the basis of facts for which it has not collected strong enough evidence.
- Principles of friendly interpretation of regulations.
Entrepreneurs cannot bear the negative consequences of unclear regulations. In case of serious doubts about the interpretation of regulations, the body cannot choose an interpretation that would allow it to burden you with an obligation or take away your right.
- The principle of proportionality.
Each case should be handled using the least cumbersome means for entrepreneurs. The body cannot, for example, demand explanations and evidence from you that are not necessary to handle the matter.
- Principles of impartiality and equal treatment.
Discrimination against entrepreneurs for any reason is unacceptable. Administrative bodies may also not be guided by any extra-legal considerations when dealing with entrepreneurs’ matters.
The body’s action must be predictable. It is forbidden to deviate from the established practice of dealing with a certain type of business without good reason.
You have the right to obtain all information relevant to your economic activity at the relevant office.
- Principle of speed of action.
Entrepreneurs’ affairs must be handled quickly and efficiently. Inaction or delay in the action of the body may even result in the body being fined.
- The principle of the coinciding of bodies.
The administration must cooperate in order to efficiently handle the entrepreneur’s matter – for example, exchange information.
See more: https://www.gov.pl/web/rozwoj-technologia/konstytucja-biznesu
Summary:
The deregulation discussion in Poland reveals problems and challenges. On the one hand, we have Prime Minister Donald Tusk’s skepticism over officials and difficulties in dialogue with some entrepreneurial organizations. On the other hand, we have blocking of actions by Minister Krzysztof Paszyk and Chairman Ryszard Petru.
However, key may simply be the observance of existing regulations, such as the Entrepreneurs’ Law, which already offers many guarantees for entrepreneurs.
Dr. Marek Woch
Expert at the Legislation Center of the Federation Przedsiebiorcy.pl.
Source: https://managerplus.pl/slowa-kontra-czyny-wyzwania-dla-deregulacji-w-polsce-51530
