Public Enforcement of Consumer Law in Poland: Mission Impossible?
Public Enforcement of Consumer Law in Poland: Mission Impossible?

Summary/Abstract: The paper focuses on the issue of public enforcement of consumer law in Poland. This analysis considers exclusively the stage of administrative proceedings and it does not concern judicial control over the decisions issued. The analysis aims at answering the question whether the phenomenon of legal impossibilism is to be observed in the domain administrative proceedings instituted by the President of the UOKiK with the purpose of implementing consumer policy. The hypotheses to be verified in the foregoing are as follows: (i) there are procedural mechanisms which enable an authority to effectuate protection of consumer rights, operating to the public benefit, and that (ii) it might be reasonable to expect that these mechanisms are exploited in practice by the President of the UOKiK. The first part considers the legal framework for enforcing consumer rights with the use of public law mechanisms in Poland. In the second part, the discussion revolves around the practical application of the legal instruments by the President of the UOKiK. The conclusions constitute a starting point to initiate further, in-depth empirical studies related to the activities undertaken by the President of the UOKiK with the aim to effectuate protection of consumer rights.

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