The strictness of the objective nature of administrative liability of energy companies in the Energy Law Act, based on the amendment introduced on March 11, 2010, has been liberalized. However, the normative grounds for applying sanctions and the clauses conditioning the reduction or waiver of financial penalties still raise questions about the guidelines for their reconstruction and the manner of verifying their fulfilment. It should be considered to what extent the norms of energy law concerning financial penalties retain their autonomous character, within what limits it is possible to draw on the achievements of doctrine and jurisprudence, including guidelines for the imposition of penalties in criminal cases, and to interpret concepts relevant to doctrine and the interpretation of civil law. Finally, how should the principle of resolving legal doubts in favor of the energy company, as standardized in the Code of Administrative Procedure, and the provisions of Section IVa of the Code of Administrative Procedure, “Administrative fines,” be applied? Further doubts arise with regard to jurisdictional competence – the limits of the President of the Energy Regulatory Office’s discretion in refraining from imposing a financial penalty. Is the decision discretionary, and is the assessment of the limits of discretion and the above grounds subject to judicial review, and if so, according to what criteria and to what extent?
Full version available at: (“Contemporary issues in energy law”) “Współczesne problemy prawa energetycznego”, 2025, p. 217-244.
