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Constitutional law

We offer regulatory advice, including advice on constitutional law, European Union law and legislation, to companies, sector associations, chambers of commerce and other public institutions that need professional and comprehensive legal analyses of normative acts and bills. We also assess the effects of acts and bills on business. 

Our services include regulatory horizon scanning of legislative work carried out by the government, the Sejm and the Senate to swiftly identify and analyse any proposed legislation that may bring a regulatory risk or new business opportunities for our clients. This helps reduce the legislative risks arising from frequent amendments to the law and the negative effects these amendments can have on businesses.

We also advise public authorities on constitutional and administrative-business law, especially in terms of improving the legal conditions for business operations, assessing the quality and effectiveness of individual legal solutions, streamlining and improving the legislative process, and limiting excessive administrative burdens for businesses. 

Within this specialisation we offer:

  • assessments of whether normative acts and bills comply with the principles of sound legislation, the Polish Constitution, and EU and international law,
  • preparation of documents and stances to be submitted to the public administrative authorities during the legislative process, particularly during public consultations on normative acts, and working out alternative regulatory solutions that proportionally reconcile the public interest with the economic interests of a specific business sector,
  • development of concepts for new legislative solutions, including drawing up draft laws and reasonings, and carrying out Regulatory Impact Assessments,
  • analyses of normative acts in terms of whether Regulatory Impact Assessments were properly carried out and whether assessments of the economic and social effects of draft solutions are reliable and complete,
  • preparation of applications for normative acts to be examined for compliance with the Constitution and constitutional complaints, representation before the Constitutional Tribunal, and preparation of complaints to the European Commission over breach of EU law,
  • assistance with bringing claims over unlawful legislation,
  • legislative monitoring at government and parliamentary level (draft acts and regulations) and local authority level (local law) and informing clients of any amendments to the law that could harm a company’s business interests or have a material impact on the legal environment in which it operates.

Our achievements include legal and legislative analyses (regulatory reports) of the legal regulation of all business sectors (e.g. management of waste electrical and electronic equipment), legal barriers to the development of particular social groups (e.g. concerning the functioning of persons with disabilities on the labour market), and the functioning of the healthcare system (e.g. a regulatory report on the so-called oncology and queuing package).

Together with the disabled community we are currently carrying out a project to implement the UN Convention on the Rights of Persons with Disabilities into the Polish legal system.

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Deals corner | 23.11.2016 The Constitutional Tribunal ruled that the regulation based on which payments are made in the form of overnight allowances for international transport drivers is not compliant with the Polish Constitution.

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DZP's success in CT – ruling on pensions of Customs Service officials

Deals corner | 03.03.2015 In a ruling of 3 March 2015, the Constitutional Tribunal found that Customs Service officials not being covered by the pension system is contrary to the constitutional principle of equality.

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