Enforceability of Regulatory Decisions and Protection of Rights of Telecommunications Undertakings

Sławomir Dudzik, Chair of European Law, Faculty of Law and Administration, Jagiellonian University, Krakow

Keywords

telecommunication law, national regulatory authorities, enforceability of regulatory decisions, provisional court protection

Abstract

The article discusses problems of enforceability of regulatory decisions issued by the Polish regulatory authority – the President of the Office of Electronic Communications (UKE) in the context of the protection of the rights of electronic undertakings. The author refers to the standards for implementing decisions and provisional protection developed in the law of the Council of Europe and Community legislation, including Framework Directive 2002/21/EC. He also analyses Polish legal regulations which introduce European solutions, including regulations implementing Community framework for electronic communications, into the national legal order. Special attention is devoted to the competence of Polish administrative courts and the Court of Competition and Consumer Protection in suspending the enforcement of contested regulatory decisions. The author also points to significant gaps in existing national regulations and postulates the introduction of necessary legislative changes to better protect the rights of telecommunications undertakings.

Recommended Citation

Dudzik, S. (2008). Enforceability of Regulatory Decisions and Protection of Rights of Telecommunications Undertakings. Yearbook of Antitrust and Regulatory Studies, 1(1), 81-108. Retrieved from https://press.wz.uw.edu.pl/yars/vol1/iss1/4