The First Deregulation Package Signed by the President

The President has signed the act introducing the so-called first deregulation package – a set of legislative measures aimed at facilitating business activity and streamlining administrative procedures.

What changes are introduced by the first deregulation act?

• it introduces a rule requiring that any new statutory obligations imposed on entrepreneurs must enter into force no sooner than six months after promulgation (minimum six-month vacatio legis);
• it adopts the “one in, one out” principle to balance administrative burdens when drafting normative acts governing the commencement, performance or termination of business activity;
• it modifies the rules concerning administrative fines (e.g. statute of limitations, relief measures, and the definition of overdue penalties);
• it allows remote hearings before the National Appeals Chamber (Krajowa Izba Odwoławcza);
• it enables craftsmen to conduct business through capital companies (corporations);
• it permits leasing contracts to be concluded in documentary form (currently, written form under pain of nullity is required);
• it removes the requirement of a two-instance administrative procedure in certain straightforward matters (e.g. permits for the transport of monetary valuables, designation of onboard supply providers in aviation law, or entries in the land and mortgage register in favor of the State Treasury based on international financial settlement agreements).

The introduced changes should be viewed positively. This is a first step toward reducing regulatory burdens on businesses and simplifying as well as accelerating administrative procedures. Extending the vacatio legis period improves legal predictability; the ‘one in, one out’ principle addresses overregulation; and developments like digitalized hearings and more flexible contracting (leasing contracts in documentary form) reflect the realities of a modern economy.

The vast majority of the new provisions will enter into force 30 days after publication.