Keywords
telecommunication law, right to appeal, judicial control, Office of Electronic Communications, right to court access, national regulatory authority, regulatory law, SOKiK (Regional Court in Warsaw – the Court of Competition and Consumer Protection)
Abstract
The model of judicial control of the decisions of the President of the Offi ce of Electronic Communications (hereinafter the UKE President) is subject of this paper. This model is defined in the Telecommunications Law Act (hereinafter the TL) and provides two different judicial procedures against decisions of the UKE President. It is a general principle that the UKE President decisions are subject to judicial control exercised by administrative courts. However, some decisions enumerated in the TL are subject of judicial review exercised by common courts [the Regional Court in Warsaw – the Court of Competition and Consumer Protection (hereinafter the SOKiK)]. Both types of judicial control differ from each other substantially. Therefore, the main goal of the article was to present a model of judicial control of the decisions made by the UKE President together with an indication of the legal basis of this model. In addition, signifi cant differences were determined in the way of judicial control by both types of courts, i.e. the administrative courts and common courts (SOKiK).
Recommended Citation
Chołodecki, M. (2012). The model of judicial review of decisions issued by President of Electronic Communications Office. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 1(6), 9-19. Retrieved from https://press.wz.uw.edu.pl/ikar/vol1/iss6/1
First Page
9
Last Page
19
Page Count
10
Publisher
University of Warsaw
