Public Enforcement of Consumer Law in Poland: Mission Impossible?

• Authors: Jagna Mucha

Abstracts

EN

The paper focuses on the issue of public enforcement of consumer law in Poland. This analysis considers exclusively the stage of administrative proceedings and it does not concern judicial control over the decisions issued. The analysis aims at answering the question whether the phenomenon of legal impossibilism is to be observed in the domain administrative proceedings instituted by the President of the UOKiK with the purpose of implementing consumer policy. The hypotheses to be verified in the foregoing are as follows: (i) there are procedural mechanisms which enable an authority to effectuate protection of consumer rights, operating to the public benefit, and that (ii) it might be reasonable to expect that these mecha nisms are exploited in practice by the President of the UOKiK. The first part con siders the legal framework for enforcing consumer rights with the use of public law mechanisms in Poland. In the second part, the discussion revolves around the practical application of the legal instruments by the President of the UOKiK. The conclusions constitute a starting point to initiate further, in depth empirical studies related to the activities undertaken by the President of the UOKiK with the aim to effectuate protection of consumer rights in Poland.

Keywords

EN

consumer protection; collective consumer interests; public enforcement; Act on Competition and Consumer Protection; practices infringing collective consumer interests; abusive clauses used in standard agreements

• Publisher: Akademia Leona Koźmińskiego
• Journal: Krytyka Prawa. Niezależne studia nad prawem
• Year: 2021
• Volume: 13
• Issue: 2
• Pages: 29-4

Dates

published

2021

Contributors

author

Jagna Mucha

Identifiers

DOI

10.7206/kp.2080-1084.447

Biblioteka Nauki

2082949