Consult the detailed scoring methodology.
| Question | Answer | Note |
|---|---|---|
| Do ministries or regulatory agencies develop forward regulatory plans – that is, a public list of anticipated regulatory changes or proposals intended to be adopted/implemented within a specified time frame? | Yes, throughout government | |
| Are these plans available to general public? | Yes |
The list of draft laws and regulations is published online (http://bip.kprm.gov.pl/kpr/bip-rady-ministrow/podstawy-prawne).
|
| Do ministries or regulatory agencies publish the text or summary of proposed (not yet adopted) regulations before their enactment? | Yes, throughout government |
The Ministries are obliged to publish proposed legislation on the website run by the Government Legislation Centre. (http://www.legislacja.gov.pl)
|
| Where is the draft text or summary published? |
On a unified website where all proposed regulations are published; on the website of the relevant ministry or regulator; directly distributed to inter...
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On a unified website where all proposed regulations are published; on the website of the relevant ministry or regulator; directly distributed to interested stakeholders. |
|
| Do ministries or regulatory agencies have the legal obligation to publish the text of proposed regulations before their enactment? | Yes, throughout government |
Article 52 of the Work Regulations of the Council of Ministers (Resolution No. 190 of the Council of Ministers from October 29, 2013 and amended by Resolution No. 8 of the Council of Ministers of January 18, 2018) and Act on access to public information.
|
| Is the entire text of the proposed draft published? | Yes, throughout government | |
| Is there a period of time set by law for the text of the proposed regulations to be publicly available? | No |
| Question | Answer | Note |
|---|---|---|
| Do ministries or regulatory agencies solicit comments on proposed (not yet adopted) regulations from the general public? | Yes, throughout government | |
| How are the comments received? |
On a unified website for all proposed regulations; on the website of the relevant ministry or regulator; through public meetings; through targeted out...
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On a unified website for all proposed regulations; on the website of the relevant ministry or regulator; through public meetings; through targeted outreach to stakeholders, such as business associations or other groups; through email; through mail/courier. |
http://www.konsultacje.gov.pl/
https://www.gov.pl/cyfryzacja/konsultacje The obligation to consult with interested groups such as business associations, trade unions, Social Dialogue Council stems from the law - Act on Trade Unions, Act on Employers Organization, Act on the Social Dialogue Council. Interested stakeholders are identified according to their area of work and relation to the proposed law. |
| Are received comments publicly accessible? | Yes, throughout government | |
| Is the rulemaking body required by law to solicit these comments on proposed regulations? | Yes |
The Polish Constitution; The Act on Lobbying Activity in the Law-Making Process dated July 7, 2005; Act on Access to Public Information dated April 14, 2014; The Act on Tripartite Commission for Social and Economic Affairs dated July 6, 2006; The Act on Trade Unions dated December 6, 2013; The Act on Employer Organizations dated May 23, 1991; and Rules of Procedure of Council of Ministers Resolution dated October 29, 2013.
|
| Is there a specialized government body or department tasked with soliciting and receiving these comments? | No | |
| Do ministries or regulatory agencies report on the results of the consultation on proposed regulations? | Yes, throughout government |
Ministries are obliged to prepare and publish public consultation report containing a reference to the reported comments. The concise summary of the consultation process should also be a part of the final version of the RIA.
|
| How does the government report on the results of the consultation? |
Prepares one consolidated response. Provides customized responses. |
|
| Where does the government report on the results of the consultation? | On a unified website for all proposed regulations. | |
| Is reporting on the results of the consultation required by law? | Yes |
The Polish Constitution; the Act on Lobbying Activity in the Law-Making Process dated July 7, 2005; the Act on Access to Public Information dated April 14, 2014; the Act on Tripartite Commission for Social and Economic Affairs dated July 6, 2006; the Act on Trade Unions dated December 6, 2013; the Act on Employer Organizations dated May 23, 1991; and the Rules of Procedure of the Council of Ministers Resolution dated October 29, 2013.
|
| Question | Answer | Note |
|---|---|---|
| Do ministries or regulatory agencies conduct an impact assessment of proposed (not yet adopted) regulations? | Yes, throughout government | |
| Are there criteria used for determining which proposed regulations are subjected to an impact assessment? | No | |
| Are there any specific regulatory impact assessment guidelines? | Yes | |
| Are impact assessments required by law? | Yes |
Rules of Procedure of Council of Ministers Resolution dated October 29, 2013. (28, 29, 32, 33, 42)
|
| Are impact assessment made publicly available? | Yes | |
| How is this assessment distributed? | Through a unified website for all proposed regulations; through targeted outreach to stakeholders, such as business associations or other groups. | |
| When is this assessment distributed? | Together with the draft proposed legislation. | |
| Is there an obligation for regulators to consider alternatives to proposed regulation? | No |
There is no formal obligation to present alternative solutions, however in several cases options are considered.
|
| Is there a specialized government body tasked with reviewing and monitoring regulatory impact assessments conducted by other individual agencies or government bodies? | Yes | |
| Please provide the name of this government body, and explain its functions. |
Minister Coordinator of Regulatory Impact Assessment, The Chancellery of the Prime Minister - Department of Programming and Regulatory Impact Assessme...
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Minister Coordinator of Regulatory Impact Assessment, The Chancellery of the Prime Minister - Department of Programming and Regulatory Impact Assessment. The Minister Coordinator of RIA, is responsible for assessing the quality of all governmental RIAs an |
| Question | Answer | Note |
|---|---|---|
| Can affected parties request reconsideration or appeal adopted regulations to the relevant administrative agency? | No | |
| When appealing against adverse regulatory decisions, which options are typically available to affected parties? | n/a | |
| Is there any existing requirement that regulations be periodically reviewed to see whether they are still needed or should be revised? | No |