Ograniczenie handlu w niedziele – przewidywanie skutków regulacji czy wróżenie z fusów? Cover Image

Ograniczenie handlu w niedziele – przewidywanie skutków regulacji czy wróżenie z fusów?
Ograniczenie handlu w niedziele – przewidywanie skutków regulacji czy wróżenie z fusów?

Author(s): Krzysztof Koźmiński
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: legislation; regulatory impact assessment; legislative planning; Sunday trade ban; consumer behavior; economic law analysis; rational homo oeconomicus; legislacja; ocena skutków regulacji

Summary/Abstract: This article is devoted to the issue of new Polish regulations introducing the principle of prohibiting trade on Sundays. As is clear from the justification of the Act, the argument for the provisions on the prohibition of trade on Sunday is first of all concern for employees’ rights and family relations, striving to guarantee time for the families of employees. The Act also provides for numerous exceptions to the principle of prohibiting trading on Sundays (including the possibility of selling at gas stations, railway stations, airports, hospitals, and also permits trade in flowers, souvenirs and religious goods). In addition, it will be acceptable to provide other services such as catering (Sundays restaurants and bars open on Sundays), cultural (the opportunity to visit the museum, cinema, theater) and sports (sports fields, gyms, swimming pools, ice rinks, sports halls also open on Sundays). The legislator declares that he cares about on the transfer of activities outside shopping centers, and new solutions will not cause losses on the part of entrepreneurs and lower tax revenues.On the other hand, as shown in the analysis and analogous experiences of other European countries quoted in the article (eg in Hungary, after the introduction of a trade ban on Sunday, sales increased because consumers bought more products “on stock”), experts ‒ regardless of the methodology used ‒ are not able to predict precise socio-economic effects of the proposed regulations. This is because the recipients of new regulations are taking steps to comply with the new law (among others, Polish entrepreneurs have introduced major changes in their activities to avoid economic losses after the entry into force of the Act on the prohibition of Sunday trading), and consumers behave often irrationally, which also makes it difficult to accurately estimate the consequences of new solutions.

  • Issue Year: 2018
  • Issue No: 78
  • Page Range: 212-231
  • Page Count: 20
  • Language: Polish