Object

PLMET:

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Title:

The Appointment and Dismissal Procedure of the Polish NCA in the Light of EU and International Independence Standards

Creator:

Małobęcka-Szwast, Iga

ORCID:

0000-0002-4719-4899

Subject and Keywords:

President of the Office for Competition and Consumer Protection   EU law   independence   competition law   national competition authority  
Prezes Urzędu Ochrony Konkurencji i Konsumentów   prawo UE   niezależność   prawo konkurencji   krajowy organ ochrony konkurencji

Abstract:

Since Regulation 1/2003 entered into force, NCAs have been vested with application of the EU competition rules concurrently with the European Commission. Although it is acknowledged that a sufficient degree of NCAs’ independence is indispensable for effective enforcement of the EU competition law, the EU law has so far not provided any specific requirements with regard to the independence of the NCAs, in particular the appointment and dismissal procedure of the NCA’s management and its term of office. Against this background, the conditions of the appointment and dismissal of the President of the OCCP were analysed and it was inferred that in the current form they may infringe upon the authority’s independence, as well as undermine its credibility and legitimacy. In order to find an optimal design of appointment and dismissal procedures, the NCAs from two other Member States were investigated. Finally, a set of recommendations for both the national and European legislator was proposed, which could improve the independence and effectiveness of the Polish NCA. These include introducing a non-renewable fixed term of at least 5 years, specifying grounds for dismissal and obliging the Prime Minister to make them public, engaging the Parliament in the appointment procedure and public hearings of the candidates.

Place of publishing:

Wrocław

Publisher:

University of Wroclaw. Faculty of Law, Administration & Economics

Contributor:

Kozłowski, Artur. Editor-in-Chief

Date issued:

2017

Resource Type:

text  
tekst

Detailed Type:

article  
artykuł

Identifier:

oai:repozytorium.uni.wroc.pl:131363   eISSN 2084-1264

DOI:

10.1515/wrlae-2018-0015

Language:

eng

Abstract Language :

eng

Relation:

Wroclaw Review of Law, Administration & Economics, vol.7, no.2, 2017, pp.24-39

Is version of:

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Access rights:

Attribution  
Uznanie autorstwa

License:

Creative Commons - Attribution (CC BY 4.0)  
Creative Commons - Uznanie autorstwa (CC BY 4.0)

Rights holder:

Copyright by Wroclaw Review of Law, Administration & Economics, published by Sciendo

Autor opisu:

WR U/PAdbg