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Public Enforcement of Consumer Law in Poland: Mission Impossible?

100%
Mucha J.
Krytyka Prawa. Niezależne studia nad prawem
|
2021
|
vol. 13
|
issue 2
29-4
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.
2

Nieuczciwa i zakazana reklama skierowana do seniorów

67%
Witek Z.
Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne
|
2018
|
vol. 26
149-172
EN
The aim of this work is presenting main aspects of the problem of unfair and inadmissible advertising addressed to elders. The author presents the concept of advertising as well as the regulations concerning it in applicable provisions of Polish, European and international law, focusing mainly on characteristics of unfair and inadmissible advertising. Main part of work is the presentation of elders as a specific group of consumers who are particularly exposed to unlawful business practices. As an example of it the author points out the cases of unfair and inadmissible advertising which are the subject of proceedings before the Office for Competition and Consumer Protection. The author also presents the commonly used unlawful business practices directed against elders. The culmination of this work is an indication what steps can be taken by elders so as not to become a victim of unfair and inadmissible advertising.
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