6 rules that could change the lives of Polish entrepreneurs

Date: 26.09.2015 / Marcin Szołajski

The Parliamentary Commission of Economy is working on the draft bill of the act under the name of the Business Law (printout 3807). This draft is to be a “constitution for entrepreneurs”, including a catalogue of basis rights and guarantees for entrepreneurs. This seems to be a very favourable solution.

Let’s take a look at a few fundamental standards of this act according to which entrepreneurs will conduct their businesses:

1. The principle that “Whatever is not forbidden by law is permitted by law” – henceforth, in the areas which are not regulated by law, entrepreneurs will be able to make free choices and select their own measures, provided that the same shall not infringe on the rights and freedom other entities.

2. The principle of friendly interpretation of regulations by public administration authorities – in the case of interpretation doubts which cannot be removed (and also in the case of multiple interpretation options), authorities should settle the matter in a way that does not deteriorate the situation of the entrepreneur.

3. The principle of presumed honesty of the entrepreneur – in the case of interpretation doubts which cannot be removed, they should be ruled in favour of the entrepreneur.

4. The principle of reasonable deadlines for entrepreneurs – the draft provides for facilitation of matters related to business activity, the public administration authority will be required to designate such deadlines which will allow the entrepreneur to sufficiently and thoroughly perform a given action.

5. The principle of legitimate expectations of the entrepreneur – according to which, public authorities will have to take action with regard to the entrepreneur in accordance with the well-established practice and a clear guidance as to how to settle the matter.

6. Extension of the maximum permissible suspension period in business activity up to 36 months.

Will such basic principles of free economic operation become effective? We will see … However, the mere fact of initiating a discussion on how to facilitate economic activity in Poland was necessary! This draft act indicates that the regulator is ready to meet the expectations of entrepreneurs! A very good start indeed…


Marcin Szołajski

Legal counsel, CEO

Marcin specialises in advising on acquisition and implementation of public contracts: analysis of tender documentation, assistance in the preparation of bids, participating in negotiating o the contract with the Contracting Authority, and participating in the contract implementation process. He guides clients through the appeal procedure before the National Board of Appeal and Regional Courts. Read more