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Dr Marcin Marszałek
ORCID: 0000-0001-5794-8562

Doctor of law, assistant professor at the Rzeszow School of Law and Administration; university lecturer; author of numerous publications on energy law, solicitor.

 
DOI: 10.33226/0137-5490.2024.10.3
JEL: K15, K29, K32, K40

The study analyses three separate factual situations, covered by the provision of Article 57, paragraph 1 of the Energy Law (p.e.), which fulfil the prerequisites of illegal collection of fuels or energy: collection without a contract, bypassing the meter or by tampering with the meter. The authors, based on dogmatic research, case law and practical experience, pose and undertake to prove two theses revealing the inadequacy of the current regulation. Firstly, the current regulations do not sufficiently protect suppliers in pursuing claims against the person committing illegal consumption, and secondly, the prerequisites exonerating the consumer from liability (an acute fine) are generally impossible to prove, which does not meet the standard of protection of the rights of the subject, which is generally weaker than the supplier, and harms the general perception of justice. As a result, the authors proposed a new wording of Article 57(1) p.e. and the justification for the change in the law. It is the intention of the authors to formulate a precise framework of the recipient's obligations, the observance of which allows the recipient to meet the due diligence benchmark, taking into account the self-interest of the recipient and the supplier.

Keywords: illegal extraction of fuels or energy; liability for illegal off-take; energy law
DOI: 10.33226/0137-5490.2020.1.3
JEL: (artykuł w języku angielskim)

This study addresses the problem of the progressive growth of public supervision over privatized business tasks in the area of provision of a general service provided by municipal companies; the issue is presented in the comparative analysis to the regime of the public law of power companies. The undertaken analysis of the legal environment of public service enterprises is focused upon the fact that as the model of regulation of tariffs for water and wastewater enterprises (a monopolist) is amended, the recipients of their services are deprived of their right to independent administration law path for challenging such tariff as infringing their legal interests. An autonomy of an individual has been reduced in a democratic state of law and the question arises whether the actual situation is sufficiently justified; and whether the protection of an individual has been reinforced or weakened. Hence, the subject of the analysis chosen is the potential to ensure the active role of citizens in promoting and effectively achieving the integration of the EU legal system in the field of competition and consumer rights. When an individual attains its private interest, an individual may have a simultaneous participation and influence in the public sphere, in which the protection of fundamental rights is most effectively carried out in the interest of all individuals.

Keywords: public services; public utility services; administrative regulatory supervision; protection of individual rights; EU law; constitutional law; administrative proceedings; local government units