The European Commission refers a case to CJEU against Poland in connection with the “undermining of the independence” of the UKE

“On the basis of the same amended provisions, the Polish Government has prematurely summoned – as of May 2020 – the President of the Republic of Poland. regulatory authorityHis term of office must last until September 2021. Under EU law, conditions that may lead to the early removal of the head of a national regulatory body must be defined before the start of the term of office. This is an important guarantee that ensures the independence of the national regulatory authority from political pressures” – the European Commission reported.

The Commission stated that “the independence of the national regulatory authority is a fundamental principle within the framework of the European Telecommunications Union”.

“The purpose of this principle is to ensure that the authority is able to make objective decisions and act with integrity in the face of regulated companies and in the face of political pressures. This principle was guaranteed by the framework directive in force at the time, and its importance has recently been highlighted in the Electronic Communications Act.” In European Commission communications.

European Commission decision to refer to From the Court of Justice of the European Union Cases against Poland were raised “as a result of an exchange of views between the Commission and the Polish authorities”.

The European Commission found the explanations given by Poland to be unsatisfactory and inconsistent with the requirements of the European Electronic Communications Act, which was to be implemented as a result of legislative changes in May 2020.