Instytucja wysłuchania publicznego w sprawie projektów ustaw w Polsce (wybrane zagadnienia)
Institutions of the public hearing on draft laws in Poland (selected issues)

Summary/Abstract: The introduction of the institution of the public hearing to the Polish political system can be considered as an important step associated with the enhanced social participation. Unfortunately, linking public hearing with lobbying was inappropriate, because the institution is also largely used by entities that do not lead professional lobbying activities,which is directly permitted by law. In this context, defining public hearing as a form of popular consultations would be far more appropriate, which is confirmed by the political practice.The public hearing concerning draft laws, which is conducted by parliamentary committees is essential in the legislative process. However, the regulation of the institution in the Standing Order of the Sejm, although relatively consistent, includes some drawbacks.First of all, it creates a possibility of Limiting the availability of participation by all interested entities, and even allows for not conducting it at all. This is due to the optionality of the hearing, which can be organized by the appropriate committee, as well as the right to cancel the public hearing because of the lack of premises or technical reasons that remain largely undefined. The fully positive assessment cannot be also given to the regulation of the course of the public hearing, because it does not provide a real confrontation of views expressed by the participants of the hearing, deputies and the Sejm’s experts. In fact, it is limited to expressing views by persons taking part in the public hearing. Therefore, in the Author’s opinion,the introduction of modifications in order to make the public hearing a real deliberative mechanism should he considered.

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