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Dr Elżbieta Małecka
ORCID: 0000-0002-1484-1383

Dr Elżbieta Małecka

PhD, University of Humanities and Economics in Lodz, Branch Didactic Center in Jasło.

 
DOI: 10.33226/0137-5490.2021.12.5
JEL: K21

The aim of this paper is to analyse the new task of the President of the Office of Rail Transport introduced by the Act of 30th August 2019 on supporting the development of telecommunication services and networks and certain other acts (Journal of Laws, item 1815). The aforementioned Act in Article 9 amends the Act on spatial planning and management. The amended Act on spatial planning and management obligates the appropriate body to negotiate with the President of the Office of Rail Transport the draft of the local spatial management plan if the manner of managing the land adjacent to a railway line of state significance or change of this manner can impact the safety of railway traffic (Art. 17, section 6 of the Act on public procurement law) as well as the decision on locating public purpose investment - in relation to the areas adjacent to a railway line of state significance (Art. 53, par. 4, section 9a of the Act on public procurement law). Pursuant to the wording of Art. 41, par. 2 and Art. 60, par. 1 of the Act on public procurement law the President of the Office of Rail Transport also negotiate: decisions on the conditions of development and drafts of voivodeship spatial management plan. In the article, the author proves that the President of the Office of Rail Transport, who is a regulatory body in the rail transport sector, has been assigned a task not related to the statutory scope of his activities.

Keywords: President of the Office of Rail Transport; monopolistic practices