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Agencja ds. Współpracy Organów Regulacji Energetyki

100%
Szafrański A.
Studia Iuridica
|
2017
|
vol. 72
375-396
PL
The Agency for the Cooperation of Energy Regulators (ACER) has been established in 2009 in the Third Liberalization Package of Energy Sector. The Agency became fully operational in 2011. After 5 years of its functioning the Author presents his opinion on general issues like legitimacy of the European Union regarding the tendency of creating new European agencies (among them ACER) and the problem of the common belief in rule of experts in the typical field of politics. Subsequently the paper handles the history of setting up the Agency and the description of its bodies and competencies in order to present the achievements of ACER within 5 years of its work. The Author concludes with positive statement: ACER meets its goals, encompassing the principle of subsidiarity and helping the Commission and National Regulatory Authorities in realizing the aim of establishing the common energy market in European Union.
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Kilka uwag na temat zasad działania Komisji Odwoławczej Agencji ds. Współpracy Organów Regulacji Energetyki

94%
Swora M.
Studia Prawa Publicznego
|
2022
|
issue 2 (38)
131-143
EN
The Board of Appeal (BoA) of the Agency for the Cooperation of Energy Regulators (ACER) belongs to the category of appeal bodies hearing appeals against the deci-sions of EU administrative agencies. ACER BoA acts on the basis of legal framework dedicated to the Agency, while the rules of conduct before the Board are regulated by internal rules of procedure. These regulations are practically the only legal acts regulating the procedure before the BoA, as the EU has not adopted a single ad-ministrative code that would regulate the procedure before such bodies, inter alia. The BoA is a specialised body responsible for adjudicating complex cases in the field of the EU common energy market related to the implementation of European network codes. The CJEU (General Court) sought to dispel any doubts concerning the rules of adjudication of the BoA in the ACER v. Aquind judgment by expressing a number of views on the scope and standard of adjudication, but even in the light of this judgment, a number of matters remain unclear. Consequently, it is all the more urgent to adopt a clear procedural and systemic framework governing the functioning of the BoA.
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