Size matters
The Sejm, the lower house of Poland's parliament, has passed a new law introducing restrictions for retailers who want to develop new supermarkets. Such developments are now required to gain permission from local governments before they are built.
No permission is necessary for stores up to 400 sqm. Buildings between 400 and 2,000 sqm will have to be granted a permit from the local gmina authority. Supermarkets bigger than 2,000 sqm will need a permit from the gmina which must also be confirmed by the voivodship parliament (sejmik wojewódzki). The new regulation has now been sent to the Senate for voting. The upper house will vote on it between May 30 and June 1.
Deputy Chairman of the Sejm's Economic Commission, Adam Szejnfeld from Civic Platform (PO), said before the voting that the bill violates the Constitution and the EU's Services Directive. Sławomir Jeneralski, from the Democratic Left Alliance (SLD), said that the law is controversial, since it was written by Waldemar Nowakowski from Self-defense, a co-founder of Lewiatan, one of Poland's largest retail networks. Now both PO and SLD say they will send the new law to the Constitutional Tribunal.
Thomas Schoutens, director of investment and expansion at Carrefour, understands the intention of the new law. He says the Polish retail market is very hectic, and this law is an attempt to regulate it.
"Investors here are crazy, and this is an initiative of the parliament to limit the mess because there is too much money to be invested," he adds.
Schoutens also supports the initiative from the aesthetic point of view. "If I see ugly boxes being built, I am also in favor of restriction. The local authorities should ask themselves if they want such a development in the area," he adds.
"Parliament should now make some corrections because there might be some claims to the Constitutional Tribunal, and the European Court [of Justice] since some of the articles may have been badly written," he concludes.
