Tytuł pozycji:
Opinia prawna dotycząca przedstawionego przez Prezydium Sejmu projektu uchwały w sprawie zmiany Regulaminu Sejmu Rzeczypospolitej Polskiej (druk nr 389)
The legal analysis deals with the assessment of the Presidium’s draft resolution of the Sejm of the Republic of Poland amending the Standing Orders of the Sejm and aimed at enhancing the efficiency of legislative and pre-legislative procedures. The draft resolution envisages the introduction of a mandatory regulatory impact assessment (RIA) of bills tabled by deputies, as well as the obligation to conduct public consultations, with the objective of strengthening transparency and fostering social participation in the legislative procedure. The proposed amendments aim as well to limit the use of the so-called fast-track legislative procedures in order to improve the quality of the law that is enacted and prevent potential procedural abuses. The proposed amendments meet the commitments arising from the so-called milestones of the recovery and resilience plan adopted by the European Union; their implementation was not completed within the prescribed timeline. The author’s assessment of the compliance of the draft resolution with the principles of sound legislation and the provisions of the Constitution of the Republic of Poland is unequivocally positive. Nevertheless, he underscores that it is necessary to clarify the provisions establishing the option of not conducting public consultations and the provisions laying down the conditions for expediting the legislative procedure, so that potential interpretative ambiguities and the risk of using the ambiguities instrumentally can be avoided.