Legal Regulation Process Creating Management in the Polish Governmental Administration (original) (raw)
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Regulation Impact Assessment ( RIA ) at Poland and some EU countries
Procedia - Social and Behavioral Sciences Volume 109, Pages 45–50, 2014
Regulation Impact Assessment (RIA) is a subject of discipline that is called the Law and Economics. This discipline anticipates the impact of regulations on the state economy and gives suggestions in this regard to legislature. Regulation Impact Assessment (RIA) at Poland is a separate part of the factual and legal justification of an act. It describes the economic impact of a bill. The author describes the process of creating RIA at Poland and compares this procedure with the procedures being in force in the selected EU countries.
Polish legislative system, general overview (draft paper)
2021
Our considerations will begin by presenting the theoretical premises of the Polish law making system (definitions, the theory of rational law making). Next, we will discuss the characteristics of particular types of normative acts (such as the constitution, laws and regulations). In the following points, we will present the principles of legislative technique in Poland (requirements for preparing drafts of new laws, the structure of the act and principles for editing the content of provisions) and the stages of the legislative procedure (legislative initiative, parliamentary stage, the role of the president, promulgation of laws). After the theoretical part we will present the most important data on the practice of lawmaking in Poland, paying attention primarily to the problem of excessive regulation (inflation of law), which is the main factor reducing the effectiveness of legal system in Poland. The causes of this phenomenon may be sought in both political and systemic factors. We conclude our discussion with a proposal of a catalog of issues that should become the subject of more detailed studies of lawmaking systems in Poland and in other countries.
chapter, 2019
Nizioł K., Regulatory Impact Assessment in Poland and in the European Union in the Context of Economization of Law – Chosen Issues, (w:) Erzsébet Csatlós (red.), Recent Challenges of Public Administration 3. Papers Presented at the Conference of 3rd Contemporary Issues of Public Administration on 26th September 2018, Iurisperitus Kiadó, Szeged 2019, s. 96-107. There are few ways of economization of law. They are especially evident in the kinds of law which background has close connection to economics (e.g. financial law, tax law, economic law). The examples of economization of law which were analyzed in the paper, showed how important is the role of the economic categories, techniques or socioeconomic aims of regulation in law and legislative process. It must be stressed that RIA is the method to ensure that during law-making process the economic aspects of regulation are taken into consideration (especially its costs and benefits).
Judicial control of the effectiveness of activities related to public administration
Studia Administracji i Bezpieczeństwa
Legal procedures in Europe must comply with the principles of procedural fairness. These rules include a set of conditions ensuring real, fast and effective consideration of the case in accordance with guarantees stipulated under Article 6 and Article 13 of the Convention for the Protection of Human Rights, taken by jurisprudence of the European Court of Human Rights. The article presents the characteristics of Polish court proceeding in the scope of enforcing the effectiveness of public administration activities in the light of these requirements. Legal remedies to prevent tardiness of administration actions as well as discipline efficiency and speed of national administrative proceedings within this system were also discussed.
The Lithuanian Government’s Policy of Regulatory Impact Assessment
Management and Business Administration, Central Europe, 2015
Purpose: This paper critically evaluates the development of the impact assessment instrument in Lithuania's public administration and suggests improvements to its impact assessment system. Research question: What interesting conceptual imperatives have appeared in Lithuania's investigation of the impact of regulatory policy? Methodology: This research study uses positivist methodology to analyse the problems that researchers have identified in Lithuania's impact assessment. This investigation explains why certain problems have appeared, what has changed and what system changes can be identified traced. The study proceeds as follows. First, the research on impact assessment carried out in Lithuania is analysed. Second, regulations on impact assessment in Lithuania are investigated. A substitute for non-existent integrated theory is emphased by the logical structure of the EU administrative system imperatives, principles, and norms, whose modifications have become the basis of impact assessment system design in Lithuania. The present research combines, integrates and consolidates the theoretical and practical information on impact assessment into an explanatory scheme, which could be developed into a model in the future. Information from two qualitative interviews conducted in 2009 and 2010 was also used. Conclusions: The present research reveals that Lithuania's regulatory impact assessment model is still being constructed and reconstructed towards evidence-based management. A model which revises the old impact stereotype has been designed, based on contemporary methodologies (cost-benefit and cost-effectiveness analyses), consultations with the interested parties, a small but exhaustive legal initiatives impact assessment, and a centralised and institutional coordination of impact assessment. Practical consequences: The present research presents the issues which could be useful for the states that are starting to implement a regulatory impact assessment model. This study described the pitfalls to avoid in order to implement a successful evidence-based management initiative. Originality: In the present research, regulatory impact assessment is emphased as an assessment model and normative of the EU administration effectiveness and optimality, which can be used as a good-practice example for the modernisation of administrative activities in Central and Eastern Europe to the level their European counterparts.
Is a comprehensive reform of the law-making process necessary in Poland? A voice in the discussion
2017
There have been proposals in the public debate to improve the process of legislation and law-making in Poland. These demands are extremely important given the fact that only a stable, understandable and transparent law can be a guarantee of social and economic order. It seems that the weakness of the legislative system in Poland results mainly from the lack of a professional background for political and strictly legislative activities, lack of institutional order in the law-making process and low-quality legal regulation of this process. In addition, a serious problem is the level of participation, which does not allow civilization of the law-making process. As rightly noted by G. Kopińska ‘one of the inalienable features of this process, more and more commonly accepted in democratic countries, is its transparency and participation1.
Opolskie Studia Administracyjno-Prawne, 2017
The article makes a presentation of the relation between legal acts belonging to the so-called foreign orders and the national law at the level of regulation contained in the Constitution of the Republic of Poland and the problem of application of the EU law by the Polish administrative authorities. The ratified international agreements and acts of the EU law are sources of administrative law and must be applied by the public authority of Member States. The article deals with two issues: the relationship between the international law and national law in the light of the Polish Constitution and application of the EU law by public administration in Poland. These issues can be dealt with separately but have a number of tangent points. The author does not aspire to present a comprehensive discussion of these issues, but intends to point out some aspects. It has been argued that the standard of application of international law by public administrations (which is also the accession treati...
2022
One of the most important conditions for increasing the efficiency of public administration, realizing the principles of governance and most importantly creating a modern state that can compete on a global scale depends on the inclusive and high quality of the legislation. The way the legislation is created in the country is the most important factor affecting this quality. In addition to the formation of legislation and public policies by the legislature in the country, the inclusion of technical and expert opinions in making decisions in this process ensures that the decisions taken are better. Regulatory impact analysis is a policy decision support system that is very effective and helps to achieve good results in the process of creating public policies. Regulatory impact analysis, in its most general terms, is the analysis of the possible effects of the public policies that are aimed to be formed in relation to a certain subject, by determining in advance. Within the scope of this analysis, it is suggested that the most beneficial and least costly policy should be applied by determining the costs and benefits of various policies, which are generally created in relation to a subject, separately. Therefore, before the implementation of a certain public policy, it should be analyzed in terms of its possible future effects. It collects comprehensive and systematic information about the proposed policies and acts as an advisor to the decision makers. The practice of regulatory impact analysis can be traced back to the 1990s in OECD countries. However, it is seen that this analysis has not yet received sufficient value and has not found an application area in Turkey. On the other hand, regulatory impact analyzes improve policy-making processes, enabling both the spread of governance and the development of democratic values. Turkey has highlighted the implementation of regulatory impact analysis with a series of legislative harmonization programs within the scope of the EU harmonization process. However, it has been very limited in practice. Within the scope of this study, it is emphasized what regulatory impact analysis is, how its processes and methods work, and why it is necessary to apply this method. Therefore, regulatory impact analysis What?, How?, Why? evaluated on the basis of questions. It is also evaluated how this analysis has effects on public administration and what kind of relations it has with the governance approach. As a matter of fact, it is seen that the regulatory impact analysis is very useful in the process of creating public policies and contributes to the effective-efficient use of the country's resources. Moreover, in the background of this analysis, the emphasis on the phenomenon of governance in relation to state administration has emerged. It is recommended that this analysis be made in all kinds of policies that need to be put forward in the implementation of governance and the implementation of good governance principles. Keywords: Regulatory Impact Analysis, Governance, Public Administration, Public Policy
Polish Political Science Yearbook,, 2019
The deep changes in Polish legal system and economy that took place after 1989 contributed to the emergence of new challenges for public administration. The legislator, in order to satisfy growing numbers of social demands, appointed new tasks and created a new legal form of action for public administration entities. However, not every of the new forms were fitted to classically understood administrative law. Part of this new forms at the same time combines some features characteristic for administrative law as well as typical for civil law, which gives them untypical (hybrid) character. As an example, there can be mentioned: civil law contracts with so called "overlays" (obligatory additional conditions) imposed by certain legal acts as well as administrative settlements and administrative contracts. The aim of this article is to analyze those hybrid forms of action of public administration entities in terms of implementation the objectives of regulation set by the legislator.