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The Concept of Modern Law

Polish and Central European Tradition


Edited By Michał Peno and Konrad Burdziak

This book contains texts prepared by representatives of various branches of law, philosophers and dogmatists who link a general reflection on law with caselaw. This ensures that the presented approaches are versatile and insightful, and that the addressed issues vary, the most important of which is the oeuvre of the Polish jurisprudence and its contribution to building a modern state and legal theories. The context exceeds beyond a simple report on or presentation of this oeuvre and, in many cases, it only refers to it.

The primary aim of this book is to determine, as follows: 1) the source (at least the potential source) of modernist solutions in the Polish law, 2) the realness of the modernist character of the said source and 3) the refection of these modernist solutions in the currently binding Polish law.

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Regulatory Impact Assessment in Poland as an Example of the Economization of Law – Evolution, Problems, Development Perspectives


1 Introductory Note

The research objective of this paper is to analyse Regulatory Impact Assessment (RIA) in Poland as one of the aspects of the broadly understood economization of law. This requires analysing the evolution of RIA which occurred in Poland under the influence of the solutions applied in the European Union (EU) and the Organisation for Economic Co-operation and Development (OECD). It is also important to analyse the current regulations regarding RIA in Poland, which will allow to assess them as well as to indicate further development perspectives. The aim of this study is to analyse one of the aspects of economization of law that is the so-called regulatory impact assessment (hereinafter: RIA) which is characteristic for the economic analysis of law (“law and economics”). Economic analysis of law concentrates, i.a., on the effects of the applied legal solutions, costs and benefits of the legal entities subject to the given regulations, proportions between costs and associated benefits. RIA, in turn, includes examining the social and economic impact of the proposed or binding regulations1.

The concept of economization of law also appearing in the literature 2 deals with the issues broader than those associated with the economic analysis of law. Economization of law concerns all associations between economics and law, thus also the economic formulations used in the regulations, including economic ←65 | 66→processes (e.g. inflation, unemployment), as well as the use of economic methods and techniques for the analysis of regulations and, finally,...

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