RIGHTS OF THE PRESIDENT OF THE OFFICE OF RAIL TRANSPORT REGARDING THE SUPERVISION OVER MAINTAINING THE ADMINISTRATOR’S INDEPENDENCE IN THE LIGHT OF THE DRAFT OF AMENDMENT TO THE LAW ON RAIL TRANSPORT (UC139)

Abstract

The goal of this paper is to analyse the prepared rights regarding supervision over maintaining of the administrator’s independence vested in the President of the Office of Rail Transport (UTK) in the light of the draft of amendment to the Law on railway transport. The regulations of the Law of 28th March 2003 on rail transport (consolidated text, Journal of Laws 2019, item 710) set the following tasks for the President of the Office of Rail Transport: supervision over fair and non-discriminating treatment of all applicants by administrators in relation to the access to the rail infrastructure and supervision over fair and non-discriminating treatment of all railway carriers in relation to the access to the service infrastructure objects by operators of service infrastructure objects. Currently, a draft of the Law on amending the Law on railway transport and the Law on commercialisation and restructuring of the state company “Polish National Railways” (UC 139) is proceeded, which extends the catalogue of tasks and competences of the President of the Office of Rail Transport.