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Mgr Jakub Plebański
ORCID: 0000-0002-8125-2888

Mgr Jakub Plebański

PhD student at the Doctoral School in Humanities and Social Sciences at the University of Gdansk — field of social sciences, discipline legal sciences. A graduate of law studies at the Faculty of Law and Administration of the University of Gdansk. Author of publications in the field of energy law, including renewable energy sources. His research interests focus on the issue of the influence of state authority on the sale of electricity from renewable energy sources.

 
DOI: 10.33226/0137-5490.2022.7.5
JEL: K32

The purpose of this paper is to demonstrate the infringement of the principle of correct legislation in the area of legal regulations applicable to onshore wind energy in Poland. The authors indicate the essence and boundaries of the principle of correct legislation, reconstructing it mainly on the basis of the jurisprudence of the Constitutional Tribunal. In order to identify the above mentioned infringements of the principle of correct legislation, the authors analyse selected legal acts both at the level of administrative law as well as tax law referring to the onshore wind energy in Poland. Furthermore, the hypothesis whether the violation of law making standards in the area of onshore wind energy regulation in Poland slowed down the development of this economic sector will be verified.

Keywords: wind energetics; windmill law; principle of appropriate legislation; real estate tax
DOI: 10.33226/0137-5490.2020.7.5
JEL: K23

The purpose of this study is to analyse selected legal changes concerning support schemes for renewable energy sources, introduced by the Act of 19 July 2019 amending the Act on Renewable Energy Sources and certain other acts, in terms of achieving the EU's energy and climate target, i.e. achieving a 15% share of renewable sources in Poland's gross final energy consumption in 2020. The research methods used by the author were based on formal-dogmatic and comparative methods. Commenting on the introduced legal changes, the author also took into account aspects of economic analysis of the law. The study refers, in particular, to the analysis of the prosumer support system and the auction support system, as currently the leading mechanisms for promoting renewable energy in Poland. According to the author's position, the introduced legal changes should not significantly contribute to an increase in installed capacity of renewable energy sources in 2020, although they will certainly improve the legal situation of energy producers and may increase the attractiveness of the Polish renewable energy sources market. The author also points to the need to harmonize Polish legislation with the EU Directive 2018/2001 on the promotion of the use of energy from renewable sources, which provides for the need to dynamize the development of renewable energy sources in the perspective of the next energy and climate target set for 2030.

Keywords: renewable energy sources; energy; prosumer; RES auctions; renewable energy producers