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
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