The competences of the President of the Energy Regulatory Office on the ground of selected statutory regulations

Abstract

Competences of the President of the Energy Regulatory Office are regulated primarily in the Energetic Law Act of 10th April 1997 (consolidated text: Journal of Laws of 2012, item 1059 with later amendments). In connection with this, the analysis of this subject’s competences, presented in this paper, is grounded first of all on the regulations inserted in the aforementioned act. This article, however, does not refer to activities realized by the President of the Energy Regulatory Office in individual cases. It issues from the main aim of the led analysis, which is to present a range of competences of the President of the Energy Regulatory Office, resulting from the binding legal solutions. In the first part of this article, problems connected with qualifying procedure on the position of the President of the Energy Regulatory Office are treated (see especially article 21 item 2e of the Energetic Law Act). Furthermore, the competence of the above-mentioned President referring to granting a concession is analysed (authority to granting and withdrawal of concession in particular results from article 23 item 2 point 1 of the Energetic Law Act). In the last part of this article, other selected competences of the President of the Energy Regulatory Office are treated (see for example article 23 item 1, item 2 point 6a, point 6b, point 10, point 16 and point 17, article 24 item 1, article 28 item 1, article 28a of the Energetic Law Act). In conclusion, diversity of the aforesaid President’s competences is emphasized.