STRUKTURA POSTĘPOWANIA W SPRAWIE PRZYZNANIA KONCESJI UPRAWNIAJĄCEJ DO NADAWANIA PROGRAMÓW TELEWIZYJNYCH I RADIOWYCH
STRUCTURE OF THE PROCEDURE FOR GRANTING TELEVISION AND RADIO BROADCASTING CONCESSIONS

Summary/Abstract: The considerations undertaken in the article concern the structure of the concession proce-dure conducted for the audiovisual concession. If by structure we understand the relationshipbetween the elements constituting a given type of proceedings, then the concession procedurebefore KRRiT is specific, as the decision on the concession was entrusted to two bodies withinone administrative proceeding. Against this background, many procedural doubts arise as tothe place and role of KRRiT and the President of KRRiT in such proceedings, as these bodiesdecide on the radio and television concession. Joint action of these bodies when issuing a deci-sion is an original solution in Polish law, for which theoretical justification should be sought.The presented considerations propose a solution based on the exercise of joint competence bythe authorities. Such a construction is admissible and seems to result from the existing regu-lations of the Law on Radio and Television Broadcasting, however, it fundamentally modifiesthe structure of the whole procedure and thus it requires a new look at the procedural relationsand the responsibility of the authorities and the possibility of controlling their actions. Thesolution presented in the article, starting from the notion of the structure of the concessionproceedings, is aimed at ensuring the speed of these proceedings, but first of all, the maximumprotection of the rights of the entities participating in them.

• Details
• Contents