MINISTRY OF ECONOMY Guidelines for the Regulation Impact Assessment
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Introduction
The legislative or non-legislative solutions adopted by the State should
address a maximum of economic, environmental, and social issues
causing a minimum burden on business and community. Undertaking
action of a legislative nature is justified when the adoption of a legal
regulation helps to prevent some imperfections of the market, adopt the
least costly regulation, and when the net benefits are greater than cost.
Thus, an appropriate design of regulatory policy and its effective
application as an analytical and programmatic instrument, such as the
evaluation of regulation effects, becomes very important.
The legislative activity in Poland is rather intensive. The number of
laws adopted each year more than doubled in the years 1998-2004
(respectively, from 98 to 242). The growth of the number of new
regulations in the years 2001-2004 can be explained, first of all, by the
necessity to implement the Community law into the Polish legal system.
The number of newly-adopted laws slightly declined in 2005 but the
law-production rate continues to be high: about one act on each work
day. Moreover, the Polish law shows high instability which can be
judged by the frequency of adopting laws which amend the previous
laws (about 50-59%)
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It is, therefore, indispensable to provide the best quality law and to
improve the process of its making. A well structured law has a good
influence on economic growth and it particularly supports the
development of competition and enterprise.
But it often happens that new regulations generate unwanted effects
apart from reaching their real goal and it may be very difficult to predict
all these potential consequences without using dedicated instruments.
The experience of the United States and European Union member states
clearly shows that the Regulatory Impact Assessment (RIA) is one of
the best analytical instruments permitting to identify the results of the
planned action and to give them a direction that ensures the best quality
and efficiency of the law. Clear and consistent principles of decision
making and clear criteria on how, when, and in which way this process
should be carried out to ensure control over the particular stages of the
law-making process, and to obtain the evaluation of the potential effects
of activities undertaken by the administration.
The evaluation of the regulation impact is not a new procedure in
Poland. Most of described in Guidelines elemenths are used by
adminitration in every-day work but not always in systematic way. The
Guidelines do not change criteria of preparing RIA and do not cause
substantial changes of the system.
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Numerical data according to Klaus H. Goetz and Radosław Zubek, Law-making in Poland. Legislative rules and quality,
May 2005
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