Independence of Competition Protection and Telecommunications Market Regulatory Authorities in EU Law: A Real Requirement or a Theoretical Assumption?
The EU legislator aims to construct a model in which matters related to competition protection and sector regulation will be examined by independent authorities. The recently adopted legal acts provide guarantees in service of this goal. However, the adopted method of regulation impairs the implemen...
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| Format: | Article |
| Language: | ces |
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Karolinum Press
2025-05-01
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| Series: | Acta Universitatis Carolinae. Iuridica |
| Online Access: | http://www.karolinum.cz/doi/10.14712/23366478.2025.398 |
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| _version_ | 1850185244796256256 |
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| author | Michalina Szpyrka |
| author_facet | Michalina Szpyrka |
| author_sort | Michalina Szpyrka |
| collection | DOAJ |
| description | The EU legislator aims to construct a model in which matters related to competition protection and sector regulation will be examined by independent authorities. The recently adopted legal acts provide guarantees in service of this goal. However, the adopted method of regulation impairs the implementation of this correct assumption. This is due to the rudimentary nature and inconsistent definition of the bundle of guarantees that make up the independence models in various EU directives. Moreover, this imprecision in the description of the guarantees causes legal uncertainty and, in extreme cases, may lead to them being incorrectly implemented in the national legal order. To illustrate the thesis, examples of such irregularities are presented, taken from Polish law on competition protection and electronic communications. |
| format | Article |
| id | doaj-art-271fdbfdd122490e89a7fa82b8a54574 |
| institution | OA Journals |
| issn | 0323-0619 2336-6478 |
| language | ces |
| publishDate | 2025-05-01 |
| publisher | Karolinum Press |
| record_format | Article |
| series | Acta Universitatis Carolinae. Iuridica |
| spelling | doaj-art-271fdbfdd122490e89a7fa82b8a545742025-08-20T02:16:48ZcesKarolinum PressActa Universitatis Carolinae. Iuridica0323-06192336-64782025-05-0171218520610.14712/23366478.2025.398Independence of Competition Protection and Telecommunications Market Regulatory Authorities in EU Law: A Real Requirement or a Theoretical Assumption?Michalina Szpyrkahttps://orcid.org/0000-0001-7678-5287The EU legislator aims to construct a model in which matters related to competition protection and sector regulation will be examined by independent authorities. The recently adopted legal acts provide guarantees in service of this goal. However, the adopted method of regulation impairs the implementation of this correct assumption. This is due to the rudimentary nature and inconsistent definition of the bundle of guarantees that make up the independence models in various EU directives. Moreover, this imprecision in the description of the guarantees causes legal uncertainty and, in extreme cases, may lead to them being incorrectly implemented in the national legal order. To illustrate the thesis, examples of such irregularities are presented, taken from Polish law on competition protection and electronic communications.http://www.karolinum.cz/doi/10.14712/23366478.2025.398 |
| spellingShingle | Michalina Szpyrka Independence of Competition Protection and Telecommunications Market Regulatory Authorities in EU Law: A Real Requirement or a Theoretical Assumption? Acta Universitatis Carolinae. Iuridica |
| title | Independence of Competition Protection and Telecommunications Market Regulatory Authorities in EU Law: A Real Requirement or a Theoretical Assumption? |
| title_full | Independence of Competition Protection and Telecommunications Market Regulatory Authorities in EU Law: A Real Requirement or a Theoretical Assumption? |
| title_fullStr | Independence of Competition Protection and Telecommunications Market Regulatory Authorities in EU Law: A Real Requirement or a Theoretical Assumption? |
| title_full_unstemmed | Independence of Competition Protection and Telecommunications Market Regulatory Authorities in EU Law: A Real Requirement or a Theoretical Assumption? |
| title_short | Independence of Competition Protection and Telecommunications Market Regulatory Authorities in EU Law: A Real Requirement or a Theoretical Assumption? |
| title_sort | independence of competition protection and telecommunications market regulatory authorities in eu law a real requirement or a theoretical assumption |
| url | http://www.karolinum.cz/doi/10.14712/23366478.2025.398 |
| work_keys_str_mv | AT michalinaszpyrka independenceofcompetitionprotectionandtelecommunicationsmarketregulatoryauthoritiesineulawarealrequirementoratheoreticalassumption |