Keywords
principle of legal certainty, procedural standards, substantive law, fine, sanctions, President of the ERO, President of the OCCP
Abstract
This article is a voice in the debate on the legal certainty of provisions, the breach of which may result in the imposition of fines on entrepreneurs. The starting point for this discussion is the judgment of the Polish Supreme Court dated 6 October 2011 in case no. III SK 18/11. It was stated therein that an entrepreneur cannot be convicted based of a very general provision that basically states that any violation of the law gives rise to a fine. A legitimate question may thus arise as to whether it should also be clearly determined, at the level of substantive law, which behaviours should be considered as prohibited. That is, if procedural standards known from criminal law are to be applied in proceedings before the NCA and the NRA in the energy sector. In search of an answer, the paper refers to the study of criminal law in relation to the matter of legal certainty of prohibited acts, as well as to the jurisprudence of courts and tribunals, both Polish and European.
Recommended Citation
Stawicki, A., & Kulczyk, W. (2013). Legal certainty of provisions, the breach of which may result in the imposition of fines on entrepreneurs – comments based on the judgment of the Polish Supreme Court of 6 October 2011 in case no. III SK 18/11. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 2(6), 56-64. Retrieved from https://press.wz.uw.edu.pl/ikar/vol2/iss6/5
First Page
56
Last Page
64
Page Count
8
Publisher
University of Warsaw
