Ex-ante Policy Impact Assessment in Poland

 

Legal background

 
The system of regulatory impact assessment (RIA) was introduced via the rules of procedure of the Council of Ministers of 19 March 2002 (Law Gazette, No 13, item 221). In accordance with these rules, Impact Asssessment is required for all government-initiated draft policy measures as long as they are subject to obligatory promulgation in Polish official journals (Dziennik Ustaw RP or Dziennik Urzędowy “Monitor Polski”). 
On 19 August 2006, the Council of Ministers adopted the Regulatory Reform Programme. It is the first comprehensive regulatory reform programme in Poland defining an integrated approach to regulatory management policy. The priorities for Poland’s Better Regulation reform programme are:
Ø      Identification and implementation of legislative solutions for simplification of domestic regulation and that of the acquis communautaire.
Ø      Improvement of the system of transposing EU Directives.
Ø      Reduction of administrative burdens.
Ø      Improvement of the Regulatory Impact Analysis system.
Ø      Strengthening the regulatory management capacities of government.
 
Impact Assessment is compulsory for all the bills adopted by the Council of Ministers and it covers both primary and secondary regulations. The responsible ministry has the right to decide if an extended impact assessment should be prepared, according to the subject, the scope and the magnitude of the expected impacts. A summary of the RIA is part of the explanatory report annexed to each draft legislation and is published with the draft on the Internet site of the responsible ministry.
 

Institutional background

 
There is an inter‑ministerial working group (the Task Force for Modern Economic Regulation) to develop Better Regulation policy; a team in the Ministry for the Economy and an official in each Ministry is responsible for the development of Better Regulation in that Ministry.
The inter‑ministerial working group was established in February 2006 to develop the policy so as to enable it to be submitted for Council of Ministers approval. Its main focus is on improving the regulatory environment for business, and making use of the regulatory tools more effectively.
 
The Government Legislation Centre accomodates the Regulatory Quality Team which serves as advisory RIA unit in the country. The RIA unit can propose extended RIAs, though its opinion is not binding. The Council of Ministers can also ask the responsible minister to submit an extended RIA, if the quality of the initial RIA is not satisfactory.
 

Relevant areas of IA

 
Financial, labour market, competitiveness, entrepreneurship and regional development impact should be assessed in Poland. However systematic impact assessments do not occur in the country. The scope of the impact assessment depends on the subject and scope of the proposed legislation.
 

Related activities

 
Currently the Ministry of Economy carries out activities aimed at implementing the Guidelines to Regulatory Impact Assessment, through, inter alia, training courses addressed to the government administration staff.
 

Existing guidelines

On 10 October 2006, a revised RIA methodology was adopted by the Council of Ministers – the Guidelines for Regulatory Impact Assessment.

Documents, links