A number of regulatory and non-regulatory instruments or combinations of instruments can be used to achieve the objectives of the intervention. Instruments in the EU can be divided into the following broad categories, although there may be overlaps or combinations (such as the obligation to accept reciprocity recognition of alternative rules and standards): (1) “Hard” legally binding rules; (2) “soft” adjustment; (3) Education and information. In his speech, the author will give examples of the use of this type of instruments on the financial market. Next, he will present the results of research conducted with representatives of administration and business, which analyze the use and effectiveness of such instruments. Different perspectives on market confidence and conclusions from the recently implemented European Union regulations will be presented.
The change in the culture of doing business on the telecommunications market meant that hard regulation tools, such as regulatory decisions, began to be replaced by soft actions.In my paper, I examine whether the soft forms of operation of the Polish telecommunications market regulatory authority are conducive to the proper functioning of this market and ensuring the competitiveness of services offered. In my paper I focus on the following issues:
1. At the current stage of development of the telecommunications market, it is necessary to search for such forms of action that will effectively ensure the implementation of regulatory policy;
2. There is a need to develop a dialogue with the market in order to prevent infringements and not punish and try to remove the effects of infringements. This need is conditioned on the one hand by the expectations of entrepreneurs operating on this market, and on the other by the need to meet the requirements of good administration.
The powers of investigation and the powers of sanction granted to the President of the Office of Competition and Consumer Protection (UOKiK), in order to ensure consumer welfare as well as free market mechanism, are significant. While performing its mission, UOKiK have to respect the principles of procedural fairness in relationships with entrepreneurs. Although, standards of entrepreneur rights in UOKiK proceedings have received much attention and has been fiercely debated at the academic, analysis of UOKiK activities of last years (2016-2020) as well as in-depth interviews with authority officials and market participants, show new problems pertaining to ensuring appropriate course of administrative proceedings. Particular attention will be focused on tougher punishment policy and increased number of down-raids, which have the greatest impact on the economic freedom of entrepreneurs.
The international carriage of goods is one of the key areas of the EU internal market. EU regulations simplify and streamline rules in the road haulage transport sector in order to improve the efficiency of EU law by harmonising rules and minimising the administrative burden to the industry, but – the international carriage of goods operations make subject to national legislation in the host EU country regarding the conditions governing the transport contract or value added tax (VAT) on transport services, including documents accepted as evidence of the international carriage of goods. Meanwhile, administrative barriers introduced by some Member States, including Poland, result in the loss of business confidence in the state and destroy the development opportunities offered by EU law. The purpose of the presentation is to show how inappropriate national rules and practices can cause distrust and dissent from service providers in the area of international carriage of goods.
Current wide competences of energy regulatory authorities have been a result of existence of natural monopolies in energy markets. Nevertheless, energy market undergoes now an extensive transformation with new services becoming mature. In my presentation I will focus especially on the Polish energy regulatory authority’s competence to shape contractual relationships between private parties and how this competence may be influenced by new legislative and market developments. Assessment of the current regulatory environment and predictions for the future will be based on the results of the interviews with energy market participants undetaken in 2019 as a part of the research financed by the Polish National Science Centre.