Wyniki wyszukiwania - Biblioteka Nauki

1

Uniwersalna metoda oceny skutków regulacji prawnych

100%

Chmielnicki P.

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nr 7-8

160-171

EN

The article treats about these issues that should be treated as a priority in the discussion on the creation of a system of regulatory impact assessment: about the problem of selection of a regulatory impact assessment method, since it is the adopted method that determines other issues, such as the shape of organizational structures responsible for its use, the professional profile of persons employed there, or the categories of cases in which the selected method may be applied. Otherwise, it may turn out that for the previously established structures, persons and matters it is impossible to select such a method of action that allows achieving the intended aim which is to perform a reliable regulatory impact assessment.

2

Regulatory Impact Analysis Practice in New Zealand in the Light of Models of Evaluation Use – Inspiration for the Polish Government

80%

Kupiec T.

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nr 2

109-128

EN

Purpose: The paper describes the functioning of the RIA system in New Zealand using the analogy of RIA and the evaluation of public interventions. Presented solutions can provide inspiration for the Polish government in the process of improving the quality and extent of the use of RIA. Methodology: The analysis is based on a review of government documents and literature, as well as individual interviews and correspondence with representatives of the government of NZ. Conclusions: The RIA system in NZ is not error-free and its shortcomings include inter alia the lack of solutions with respect to ex-post analysis and insufficiently rigorous methodological approach. At the same time, a number of solutions can be regarded as good practice, e.g.: regular external quality reviews of RIS, obligation to supplement each RIS with ‘quality assessment’ and a ‘disclosure statement’ outlining their credibility and utility. Practical implications: The presented strengths of the RIA system in NZ may serve as an inspiration for modifying the RIA system in Poland. Originality: The RIA system is presented through the prism of the model of evaluation use, which is a related tool of collecting information about non-regulatory interventions.

3

The Lithuanian Government’s Policy of Regulatory Impact Assessment

70%

Dvorak J.

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nr 2

129-146

EN

Purpose: This paper critically evaluates the development of the impact assessment instrument in Lithuania’s public administration and suggests improvements to its impact assessment system. Research question: What interesting conceptual imperatives have appeared in Lithuania’s investigation of the impact of regulatory policy? Methodology: This research study uses positivist methodology to analyse the problems that researchers have identified in Lithuania’s impact assessment. This investigation explains why certain problems have appeared, what has changed and what system changes can be identified traced. The study proceeds as follows. First, the research on impact assessment carried out in Lithuania is analysed. Second, regulations on impact assessment in Lithuania are investigated. A substitute for non-existent integrated theory is emphased by the logical structure of the EU administrative system imperatives, principles, and norms, whose modifications have become the basis of impact assessment system design in Lithuania. The present research combines, integrates and consolidates the theoretical and practical information on impact assessment into an explanatory scheme, which could be developed into a model in the future. Information from two qualitative interviews conducted in 2009 and 2010 was also used. Conclusions: The present research reveals that Lithuania’s regulatory impact assessment model is still being constructed and reconstructed towards evidence-based management. A model which revises the old impact stereotype has been designed, based on contemporary methodologies (cost--benefit and cost-effectiveness analyses), consultations with the interested parties, a small but exhaustive legal initiatives impact assessment, and a centralised and institutional coordination of impact assessment. Practical consequences: The present research presents the issues which could be useful for the states that are starting to implement a regulatory impact assessment model. This study described the pitfalls to avoid in order to implement a successful evidence-based management initiative. Originality: In the present research, regulatory impact assessment is emphased as an assessment model and normative of the EU administration effectiveness and optimality, which can be used as a good-practice example for the modernisation of administrative activities in Central and Eastern Europe to the level their European counterparts.

4

The European system of financial supervision – regulatory impact assessment

60%

Szpringer M. , Szpringer W.

Journal of Banking and Financial Economics

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2017

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nr 2(8)

84–104

EN

Complexity and uncertainty in the application of the regulations of the European system of financial supervision are due to the fact that its particular elements were implemented over a period of time. First, it was a system of European financial supervision authorities i.e. the European Banking Authority (EBA), the European Insurance and the Occupational Pensions Authority (EIOPA) and the European Securities and Markets Authority (ESMA), whose main objective was to coordinate national actions. Then there were established the European Banking Union, including the Single Supervisory Mechanism (SSM), the Single Resolution Mechanism (SRM), as well as the European Stability Mechanism (ESM), which constitutes also a part of the system of support for endangered banks. Legal interpretation problems are a result of differences in the scope of competences of these entities. For example, there is uncertainty whether the regulations refer to the eurozone or the whole European Union and if they refer to banks only or to other financial institutions as well. An analysis of the SSM, the SRM or the ESM does not always offer a clear answer to questions such as: who, when and using what tools should act; when, for example, the ECB may and should correct the decisions of national supervisors; what is the role of the ESRB, if we take account of the enhanced competences of the ECB in the banking union; if and when banks may question supervisory decisions concerning, for example, establishing a buffer or classifying an institution as SIFI, etc. Similarly, the role of the EBA or the ESM is unclear in the context of the establishment of the banking union, the SSM, the SRM, the ESM and the delegation of power of the ECB and the European Commission to regulatory agencies (Meroni doctrine) or the practice of establishing regulatory agencies outside the bounds of the treaty (Pringle doctrine). Therefore the regulatory landscape in this context requires impact assessment.

5

Climate change adaptation in ex-ante assessment of legal acts - a proposal of indicators for Poland

51%

Broniewicz E. , Bukowska J. , Godlewska J. , Lulewicz-Sas A. , Sidorczuk-Pietraszko E.

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2022

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tom nr 3

52--73

EN

This article is aimed at developing a proposal of indicators to integrate climate change adaptation into the process of designing legislation and assessing the effectiveness of this legislation in adapting the society, the economy and the environment to climate change. Based on a review of climate change adaptation monitoring indicators used in selected European countries, an assessment of potential indicators according to the proposed criteria was carried out and a proposed list of indicators for monitoring climate change adaptation in selected economic sectors was developed for use in the ex-ante assessment of legislation. The proposed set of indicators can be used for ex-ante assessment of legal acts in terms of implementation of climate change adaptation requirements - both to determine the values of indicators selected for a given sector that are relevant to climate change adaptation, and then to monitor changes in these indicators to assess the effects of implementing legal regulations in terms of supporting the state's climate change adaptation policy.

PL

Celem artykułu jest opracowanie propozycji wskaźników mających na celu uwzględnienie problematyki adaptacji do zmian klimatu w procesie projektowania przepisów prawnych i oceny efektywności tych przepisów w zakresie dostosowania społeczeństwa, gospodarki oraz środowiska naturalnego do zmian klimatu. Na podstawie przeglądu wskaźników w zakresie monitorowania adaptacji do zmian klimatu stosowanych w wybranych krajach europejskich, przeprowadzono ocenę potencjalnych wskaźników według zaproponowanych kryteriów oraz opracowano proponowaną listę wskaźników monitorowania adaptacji do zmian klimatu w wybranych sektorach gospodarki, do wykorzystania w ocenie ex-ante aktów prawnych. Zaproponowany zestaw wskaźników może zostać wykorzystany do oceny ex-ante aktów prawnych pod kątem realizacji wymagań adaptacji do zmian klimatu — zarówno w celu ustalenia wartości wybranych dla danego sektora wskaźników istotnych z punktu widzenia adaptacji do zmian klimatu, a następnie monitorowania zmian tych wskaźników, co ma służyć ocenie efektów wdrażania regulacji prawnych pod kątem wspierania przez państwo adaptacji do zmian klimatu.

6

Ograniczenie handlu w niedziele – przewidywanie skutków regulacji czy wróżenie z fusów?

41%

Koźmiński K.

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tom 78

212-231

PL

This article is devoted to the issue of new Polish regulations introducing the principle of prohibiting trade on Sundays. As is clear from the justification of the Act, the argument for the provisions on the prohibition of trade on Sunday is first of all concern for employees’ rights and family relations, striving to guarantee time for the families of employees. The Act also provides for numerous exceptions to the principle of prohibiting trading on Sundays (including the possibility of selling at gas stations, railway stations, airports, hospitals, and also permits trade in flowers, souvenirs and religious goods). In addition, it will be acceptable to provide other services such as catering (Sundays restaurants and bars open on Sundays), cultural (the opportunity to visit the museum, cinema, theater) and sports (sports fields, gyms, swimming pools, ice rinks, sports halls also open on Sundays). The legislator declares that he cares about on the transfer of activities outside shopping centers, and new solutions will not cause losses on the part of entrepreneurs and lower tax revenues. On the other hand, as shown in the analysis and analogous experiences of other European countries quoted in the article (eg in Hungary, after the introduction of a trade ban on Sunday, sales increased because consumers bought more products “on stock”), experts ‒ regardless of the methodology used ‒ are not able to predict precise socio-economic effects of the proposed regulations. This is because the recipients of new regulations are taking steps to comply with the new law (among others, Polish entrepreneurs have introduced major changes in their activities to avoid economic losses after the entry into force of the Act on the prohibition of Sunday trading), and consumers behave often irrationally, which also makes it difficult to accurately estimate the consequences of new solutions.