Założenia do projektów ustaw – proceduralne superfluum czy obowiązek demokratycznego projektodawcy?
Assumptions of a Draft Bill – Procedural Superfluum or an Obligation of a Democratic Legal Drafter?
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The Council of Ministers is the main entity among those which according to the Constitution have the right of legislative initiative. The special position of the Council of Ministers is reflected not only in the number of governmental bills and their variety, but in particular in efficiency – understood as probability of the governmental bills being adopted by the Parliament. Therefore, the governmental legislative procedure is the crucial matter for the Government and for the external entities as well. Author presents the content of and reasons for amending this procedure in 2009. The key idea was that at first stage the Council of Ministers shall accept assumptions of a bill and only after the bill may be drafted. This should allow to better organize the work of governmental officials and to provide for public dialog with third parties interested in the subject of future act. Author criticizes the new amendments to the Rules of sitting of the Council of Ministers according to which assumptions of a bill shall be prepared only as an exception, not as a part of ordinary procedure.
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