EC refers a case to the CJEU against Poland in connection with undermining the independence of UKE

The European Commission decided to refer Poland to the Court of Justice of the European Union for breach of EU law guaranteeing the independence of the national regulatory authority for telecommunications, i.e. the Office of Electronic Communications (UKE), the European Commission said in a press release. The Polish government does not agree with the allegations of the European Commission.

The European Commission announced that in May 2020, Poland, as a matter of urgency, changed some provisions of the Polish Telecommunications Act regarding the appointment and dismissal of the president of the Polish UKE.

On the basis of the same amending provisions, the Polish government prematurely recalled – with effect from May 2020 – the President of the Polish regulatory authority, whose term of office should have lasted until September 2021.

Under EU law, the conditions that may lead to the early dismissal of the president of a national regulatory authority must be determined before the start of the term of office. This is an important safeguard for the independence of the national regulatory authority from political interference.

In the opinion of the EC, the explanations provided by Poland were unsatisfactory and inconsistent with the requirements of the European Communications Code.

(PAP)