Charakter prawny czynności podejmowanych przez UFG w ramach kontroli obowiązku ubezpieczenia OC ppm - analiza systemowa i orzecznicza
The Legal Nature of Actions Taken by the Insurance Guarantee Fund in the Context of Compulsory Motor Third-Party Liability Insurance - A Systemic and Jurisprudential Analysis

Summary/Abstract: The purpose of this article is to provide a systemic and jurisprudential summary of actions undertaken by the Insurance Guarantee Fund (UFG) in relation to the enforcement of the obligation to conclude a compulsory third-party liability insurance (OC) agreement for motor vehicle owners. The main research problem concerns the legal nature of these actions, and more specifically whether they may produce legal effects characteristic of acts of public authority, despite not being formally classified as administrative decisions, and whether they should therefore be subject to judicial review. The article presents a detailed classification of the Fund's actions in four key areas: control of compliance with the insurance obligation, issuance of payment notices for the penalty fee, decisions on fee remissions and instalment arrangements and/or administrative enforcement. The analysis is based on the provisions of the Act on Compulsory Insurance, as well as on several dozen rulings issued by administrative and common courts, which allow for a reconstruction of the practical scope of judicial review over the Fund's activities. The author highlights the uncertainty surrounding the admissibility of judicial complaints against certain Fund's decisions and points to the limitations of the current regulatory model, ultimately formulating a legislative proposal to clarify the relevant provisions-particularly with regard to remission decisions.

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