A few remarks about limitation periods of fines in the Energy Law Act Cover Image

Kilka uwag o przedawnieniu kar pieniężnych w prawie energetycznym
A few remarks about limitation periods of fines in the Energy Law Act

Author(s): Michalina Szpyrka
Subject(s): Business Economy / Management, Commercial Law
Published by: Wydawnictwo Naukowe Wydziału Zarządzania Uniwersytetu Warszawskiego
Keywords: fines; limitation; Energy law; Tax ordinance

Summary/Abstract: The purpose of this article is to present the institution of limitation periods of fines derived from the Energy Law Act. The institution of limitation periods is important in the context of legal certainty, because an individual must have knowledge to what an extent, including time, public administration authorities have the power to regulate its legal position. The issue of limitation periods of fines based on the Energy Law Act was not clearly settled by the doctrine or judicature. It was thus necessary to analyze and outline the development of this institution in the period of the applicability of the Energy Law Act, to ensure its effective use and to prevent potential abuses, in the form of imposing fines at a time when they are already time-barred. Studies devoted to this issue have shown that the institution of limitation periods also applies to fines from the Energy Law Act. However, it is shaped differently, depending on the manner of regulation of this institution during the period of the validity of the Energy Law Act.

  • Issue Year: 8/2019
  • Issue No: 1
  • Page Range: 48-54
  • Page Count: 7
  • Language: Polish