The current government took office at the end of 2007 promising to make legal reform a top priority. And true to its word, the new government formed a new commission in the Sejm, referred to as the Friendly State Commission (“Commission”), to recommend amendments to current regulations in order to improve ’s business environment. Led by Sejm Deputy Janusz Palikot, the Commission has since proposed nearly 90 legislative amendments; however, less than 10 percent have actually been voted on by the Sejm. Nearly 80 out of the 90 proposed bills have never been voted on by the full Sejm. Why?

Creditors have been eagerly waiting adoption of one of the Commission’s key proposals that would permit multiple creditors to participate in one mortgage as security for a debtor’s financial obligations. Under current regulations each creditor must establish an individual mortgage against a debtor’s real property to secure repayment. But as of today, this proposal has been stuck in committee for further review.

A second set of amendments awaiting action by the Sejm would, if adopted, reduce the capital requirements to create both a limited liability company and joint-stock company from the current thresholds of PLN 50,000 and PLN 500,000, respectively, to PLN 5,000 and PLN 100,000.

Moreover, employers are still waiting for the Sejm to take action on another of the Commission’s proposals that would make the hiring of temporary workers much more flexible. Under current regulations, an employee hired on a temporary basis over a three month term may be deemed to be a ful- time employee entitled to full benefits and protections provided by the Labour Code. The Sejm has yet to take any action on this bill.

The Sejm needs to act upon the remaining 90 percent of the draft amendments proposed by the Commission. A passage rate of less than 10 percent, at least according to my understanding, would equal an “F” on a test exam. What are you guys waiting for?

-- Paul B. Fogo 

Some More Crucial Legislative Amendments

In addition to the legislative amendments which have not been given consideration as of yet, here are a few of my own (if not already in the submission stage) which I would like to see passed: - Ease the permission and regulations for the construction of and investment in solar and wind energy at locations which are deemed suitable. - Allow the energy which is produced from ecologically safe methods easier access to the energy grid nationwide, minus the politics, high taxes, horrible red tape, and potential 'kickbacks' involved in the process. - Enable easier and quicker formation of small businesses. Shorten the application process and approval / rejection period. - Make salaries, financial condition, and business exposure of individuals employeed by the government (from the sejm down to the local gmina) public to all parties interested. - More detailed disclosure of govenmental revenues, expenditures, tax collections, etc., in the form of statements of financial condition. -Every parcel of land in Poland should have access by means of either a public road, or exclusive permission granted by Polish courts - the right of way via another parcel of private property given a 'farmer's road' (unpaved road on a parcel of agricultural land used for tractors or horses) exists adjacent to the property in question, which leads to another public road. I have personally experienced an individual 'blocking' access to my forest when I wanted to clean excess wood from it. This is a common issue in a village. Can anyone assist me with the law on this one in Poland?