The aim of the article is to analyse the Polish legislative system in the context of sources and effects of legislative inflation (increase in the amount of norms). According to Grant Thornton’s calculations, in the first three quarters of 2019, 17.4 thousand pages of new legal acts (laws, regulations and international agreements) were adopted in Poland. This is 5.9% more than in the previous record year. The state of legislative inflation reduces the effectiveness of legal regulation. Causes of this phenomenon may be both political and theoretical. When drafting a normative act, it is necessary to: establish the current legal status; define the objectives; establish alternative legal solutions; formulate forecasts of the legal and social effects of the new law; determine the financial effects; choose the best legal solution. Polish legislative process is based mainly on general rational decision making model, which does not prevent against legislative inflation.
According to the OECD research the Czech Republic is a country with the second highest rate of laws proposed by the Parliament. Combined with the fact that the right to initiate an amendment to a debated bill is a right already vested to the individual lawmaker, the Czech legislative procedure is facing unique problem of its decentralisation. Especially peculiar is a fact that bills are often covering very sensitive areas with high socio-economical impacts – laws such as Contract Register Act or the Baillif Code are both examples of very impactful pieces of legislation where regulatory impact assessment was not conducted. Furthermore, the Government must respond to such proposals, usually by introducing its own legislative proposal, therefore individual bills serve as an agenda setting tools. However, from theoretical point of view of legisprudence, such behaviour leads to a legislative inflation and very often to the regulatory failures as well.
Since 1990 more than 5000 statutes were passed by the Hungarian National Assembly, one third of them are in force to date. The speed of legislation of the highest in the region: it takes on average less then 5 weeks for a bill to become law. This results often in rule by law instead of rule of law, a high number of corrective measures and intransparency in the legal system. The legislative framework of legislation is well structured, but the above tendencies undermine the rule of law.
The subject of the paper is the analysis of four areas related to legislation in the Slovak Republic. It is an analysis of a) a sources of law, b) a quantity of laws, c) a legislative process and d) a structure of laws. The critical analysis is based on the valid and effective legislative rules, as well as on the available statistical data of the legislative activities of the National Council of the Slovak Republic. The author draws attention to the solid legislative rules and at the same time identifies current problems of the legislative process. The author examines how the quality of legislation can be achieved in a various legal relations in a strongly dynamic society. Based on the outcome of this analysis, the author forms proposals de lege ferenda, even though in the author's opinion the practical legislative problems in the Slovak Republic, have, in a wider context, the political backround.