Sądowa kontrola decyzji organów regulacyjnych poprzez ich uchylanie

Abstract

This monography analyzes the legal dimension of judicial control of decisions of Polish sector regulatory authorities which is exercised by ordinary courts. It is concerned primarily with the specific form of court decisions: judgments repealing decisions of regulatory authorities. The work shows that the judgment of an ordinary court repealing decision of a regulatory authority is a substantive decision, which resolves the substance of an administrative matter and constitutes a specific manifestation of the authoritative judicial concretisation of the norm of substantive administrative law. In contrast, such a judgment is not of a cassatory nature and does not refer the case back to the regulatory authority. The monography concerns regulatory authorities in the energy, electronic communications, post, rail transport and water management sectors, while among the courts the judgments of the Court of Competition and Consumer Protection, the Court of Appeal in Warsaw and the Supreme Court are analyzed. The scope of the book covers Polish law and European Union law, against the background of the theoretical structure of an administrative matter and making comparisons with other legal institutions of judicial and instance control of administrative and judicial decisions.