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Keywords

auction; auction regulations; auction system, certificate of origin, electricity, energy regulatory authority, green certificate, obligated supplier, OREO, President of ERO, reference price, renewable energy source, RES, RES Act, rules of lawmaking technique, standards of due lawmaking, supplier of last resort, support scheme, upgrade

Abstract

The legislative quality of the RES Act is far from desired standards of law-making. Selected examples have been scrutinized in this paper. This analysis is based around an Attachment to the Executive Regulation of the Council of Ministers of 20 June 2002 on Rules of Law-Making Technique („Rules”). Despite clear legislative drafting directives set out by these Rules, the RES Act will surely form a fascinating object of analysis for many linguist experts. The RES Act includes many examples of careless legislative drafting. In some cases – despite the lack of diligent use of the language – one should be able to determine the meaning of the law without major doubts. However there are also cases which pose greater interpretational challenges. These include: provisions on identifying who may participate in auctions; on determining statutory deadlines under the RES Act; and rules on modernised installations. A separate critical analysis is dedicated to the way how different types of auctions organised by the energy regulatory authority would be identified.

First Page

107

Last Page

121

Page Count

14

Publisher

University of Warsaw

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