A new institution - the Ombudsman for Entrepreneurs
The business constitution introduces a new institution, the Ombudsman for Entrepreneurs - its main goal is to protect the rights of entrepreneurs, primarily in disputes with public authorities. Detailed regulations regarding the business ombudsman are regulated in the act on the spokesman for small and medium-sized enterprises.
Who can be the Ombudsman for Entrepreneurs?
A person who:
1) is a Polish citizen;
2) enjoys full public rights;
3) has not been convicted by a final judgment for an intentional crime or an intentional fiscal crime;
4) has a university degree;
5) has an impeccable reputation and guarantees the proper performance of the assigned tasks;
6) is distinguished by knowledge in the field of entrepreneurship and legal regulations creating the business environment,
7) has at least five years of experience in carrying out economic activity or representing the interests of entrepreneurs, or creating or applying economic law;
8) did not perform professional service or cooperated in state security agencies.
The Ombudsman is appointed by the Prime Minister at the request of the minister responsible for economy.
The term of office of the Ombudsman is 6 years, but one person may be the Ombudsman for only one term.
What are the competences of the Ombudsman for Entrepreneurs?
The main task of the Ombudsman for Entrepreneurs is to protect the interests of micro, small and medium-sized enterprises in conflict situations in which the opposite party is the state, to ensure the principle of freedom of economic activity, to deepen entrepreneurs' trust in public authority, impartiality and equal treatment, sustainable development and the principle of fairness. competition and respect for good manners and the legitimate interests of entrepreneurs.
Other tasks of the Ombudsman are:
issuing opinions on draft normative acts concerning the interests of entrepreneurs and the principles of undertaking, performing or terminating economic activity in the territory of the Republic of Poland;
assistance in organizing mediation between entrepreneurs and public administration bodies;
cooperation with non-governmental, social and professional organizations, whose statutory goals include the protection of entrepreneurs 'rights and cooperation with associations, civic movements, other voluntary associations and foundations as well as with foreign and international bodies and organizations for the protection of entrepreneurs' rights and respect for the principle of freedom of economic activity and equal treatment;
initiating and organizing educational and information activities related to the performance of economic activities on the territory of the Republic of Poland, in particular in the field of entrepreneurship and economic law;
undertaking other activities, as long as they serve to protect the rights of entrepreneurs, the ombudsman may, for example,
apply to the authorities with motions to undertake a legislative initiative or issue or amend other normative acts in matters relating to economic activity;
apply to the authorities for issuing legal explanations if the provisions raise doubts or discrepancies;
inform the competent supervisory or control authorities about noticed irregularities in the functioning of public administration bodies;
request the initiation of administrative proceedings, submit complaints and cassation appeals to the administrative court, as well as participate in these proceedings - with the rights of a public prosecutor;
inform the competent authorities about perceived barriers and difficulties in the performance of economic activity in the territory of the Republic of Poland.
The Ombudsman takes action ex officio or at the request of the entrepreneur or organization.
The Ombudsman for Small and Medium-sized Entrepreneurs is an institution analogous to the Ombudsman for Consumer Rights - any entrepreneur who believes that his interests and rights are violated by state authorities (e.g. tax office, voivodeship office, social security office, etc.) has the right to apply to the Ombudsman for Entrepreneurs for help in conflict with the authorities.
The business constitution (which includes, among others, the Act on the Ombudsman for Entrepreneurs) was passed on March 6, currently it is waiting for the President's signature, who has 21 days to do so.