Charakter prawny zadań i kompetencji Prezesa UTK w obszarze interoperacyjności europejskiej sieci kolejowej ze szczególnym uwzględnieniem zezwoleń na dopuszczenie do eksploatacji pojazdu kolejowego zgodnego z TSI
Legal character of duties and competences of the President of the Polish Railway Transport Office (UTK) concerning the interoperability of the European railway network, with particular emphasis on the authorization for operation of a railway vehicle

Summary/Abstract: The paper provides a scientific analysis of the legal character of duties and competences of the President of the Polish Railway Transport Office (UTK) concerning the interoperability of the European railway network, with particular emphasis on the authorization for operation of a railway vehicle consistent with TSI. The author presents an overview of the administrative law doctrine with reference to issues such as regulatory function of the state, its legal position, and the characteristic forms of the operations of its regulatory authorities. Moreover, the author proposes an addition to the approach prevailing in the doctrine consisting of a distinction of the specifics concerning the supervision of the regulatory authority over this sector. Furthermore, the article contains a presentation of the features regarding the abovementioned supervision in accordance with the typical material supervision applied by administrative authorities within the framework of the performance of the regulatory function of the state. In the author’s opinion, the characteristics of the supervision exercised by the regulators make it possible to clearly distinguish this legal institution from material supervision, and define it as ‘regulatory supervision’. Finally, the author analyses the legal character of the authorization for operation of a railway vehicle consistent with TSI and assigns this administrative act to a group of regulatory instruments applied by the President of the UTK, with ancillary influence on the security in the railway sector.

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