Ochrona uzasadnionych oczekiwań a dostosowanie mechanizmów mocowych do rozporządzenia w sprawie wewnętrznego rynku energii elektrycznej
The protection of legitimate expectations and the adjustment of capacity mechanisms to the Regulation on the internal market for electricity

Summary/Abstract: The aim of this paper is to analyse arguments for the application of the principle of protection of legitimate expectations to the first power contracts concluded before the entry into force of the forthcoming Regulation on the internal market for electricity. The following arguments may be set out to grant such protection. The protection of legitimate expectations is one of the general principles of EU law, thus it is applicable to the activities of EU institutions or Member States implementing EU law. The decision of the European Commission accepting the Polish capacity mechanism (SA. 46100) is a source of justified expectations that the first power auctions will be concluded in accordance with the currently binding rules. This decision is the source of assurances given by the EU institution, issued according to the appropriate procedure, and raising legitimate expectations on the side of potential beneficiaries of the Polish capacity mechanism. Key players involved in the decision-making process concerning the regulation on the internal market for electricity should, therefore, reflect the protection of legitimate expectations. That is so especially under the provisions related to transitional arrangements that ensure protection of multiannual contracts concluded before the Regulation enters into force, and an adequate derogation period for other existing power installations and contracts concluded after the entry into force of the Regulation

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