Usługa powszechna i operator wyznaczony – dwa (nie)zbędne filary prawa pocztowego
A universal service and a designated universal service provider – two (in)dispensable pillars of postal law

Summary/Abstract: The article contains an analysis of legal provisions governing two institutions of postal law that are referred to in its title: a universal service and a designated universal service provider. The question asked is whether, in a situation of changing conditions of the postal market, the application and enforcement of legal regulations providing for an obligatory provision of a universal postal service and the designation, for this purpose, of a specified provider is legitimate. The findings presented in the article make it possible to conclude that the institution of a universal service continues to be an essential and constant element of postal law, both domestic and EU, as well as international law, playing an important role in the contemporary postal market. Somewhat different conclusions are drawn from the analysis of the provisions applicable to the institution of a designated service provider. Firstly, Polish regulations of postal law in this respect seem to be compatible with European Union law, as well as relevant provisions of international law, despite the fact that they also allow for the application of other solutions aimed at providing the universal postal service, other than a designated service provider. Secondly, under the conditions in which the Polish postal market currently operates, the implementation of a solution allowing the provision of the universal service by market forces would be rather impossible. And yet, it will be justified to expect that an entity acting as the designated provider (also termed a designated service operator) adjusts the performance of its activity to a greater extent to the changes currently occurring in the postal services market. In particular, what should be expected, at the age of a dynamic development of electronic trading (or e-commerce), is a much greater activity of the designated provider in the field of satisfying the demand for the transport services of the goods ordered on-line.

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