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Application of Article 316 of the Polish Code of Civil Procedurę in the appeals against decisions of the President of the Office of Electronic Communications

100%
Dąbrowski Ł. D.
Acta Iuris Stetinensis
|
2020
|
vol. 31
|
issue 3
5-21
EN
In cases specified in Article 206 par. 2 of the Act on the Telecommunications Law, telecom- munications entrepreneurs have the right to appeal to the Court of Competition and Con- sumer Protection in Warszawa. All provisions of the Code of Civil Procedure, including Ar¬ticle 316 of the CCP, apply to the CCCP procedure. Article 316 of the CCP concerns one of the basic issues of civil procedure, i.e. basis for judgement. However, the application thereof in telecommunications cases provokes certain reflections which lead to the conclusion in compliance with which Article 316 of the CCP is applicable in telecommunications cases when the specificity of these cases is taken into account, especially the fact that the CCCP procedure is supervisory in nature and checks the regulatory activities of the President of the Office of Electronic Communications. The paper analyses judicial decisions of ordinary courts and the Supreme Court in telecommunications cases, as well as social security and energy regulation cases, which due to the major similarities of appeals against decisions is- sued by ZUS and the President of ERO, and appeals against decisions issued by the President of the OEC, may be per analogiam applied to telecommunication cases.
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Gospodarowanie częstotliwościami, a wzrost innowacyjnej gospodarki - telekomunikacja, radiofonia, telewizja

88%
Panasiuk A.
Kontrola Państwowa
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2018
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vol. 63
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issue 3 (380)
48-60
PL
Citizens’ broad access to electronic services, including fast Internet, as well as the development of digital solutions, make the factors that result in economic growth and in development of competitive economy based on knowledge and innovations. Therefore, the Supreme Audit Office decided to assess the compliance of the frequency management by the President of the Office of Electronic Communications (Polish: Urząd Komunikacji Elektronicznej, UKE) with the objectives set forth in the governmental strategic documents and with the binding legal regulations, especially with the Act of 16th July 2004 – Telecommunications Law.
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