Krytyka Prawa. Niezależne Studia nad Prawem

Projekt ustawy Prawo komunikacji elektronicznej - zagadnienia wybrane

Rogalski, Maciej

Uczelnia Łazarskiego, Wydział Prawa i Administracji

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Abstract

The paper is devoted to selected issues concerning acts from the same day, i.e. 29 July 2020: the Electronic Communications Law, and the act introducing the Electronic Communications Law. Both drafts have been prepared in connection with implementing the provisions of Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 Establishing the European Electronic Communications Code (‘the EECC’) into the Polish legal order. Only selected issues from both draft acts were presented, for which the basic selection criterion was their significant practical importance in terms of their influence on the functioning of the telecommunications market in Poland. The purpose of the analysis and research was to answer the question whether the proposed regulations were compliant with the EECC and whether, from the perspective of the requirements of practice, effective solutions had been adopted. The analysis was based on comparing the projected EECC regulations and on possible practical consequences after their implementation. The analysis covers the projected provisions – from the Polish law and the EU law. The conducted analysis indicated a need for modifying them, in particular: imposing security obligations; the scope and manner of replacing the existing documents for customers with new ones; the conditions of customerv ideo verification; transitional provisions. The article presents proposals for specific amendments to the projected provisions. The presented issues are not only of theoretical importance, but also of great practical importance when it comes to the functioning of the telecommunications market and, above all, when it comes to customerswho use telecommunications services

Metadata

Journal Krytyka Prawa. Niezależne Studia nad Prawem 
Volume 13 
Issue 2 
Issue date 6/2021 
Type Article 
Language eng
Pagination 130-144
DOI 10.7206/kp.2080-1084.453
ISSN 2080-1084
eISSN 2450-7938