Legal remedies against energy exclusion - Consumer protection and energy poverty in Polish and EU law

The aim of this paper is a multidimensional analysis of legal measures counteracting energy poverty and exclusion in Poland and at the level of the European Union, with particular emphasis on assessing the practical effectiveness of these instruments. The work adopts an interdisciplinary approach, combining dogmatic-legal analysis with elements of the sociology of law and public policy, and uses literature in the form of international and national reports (including those of the Polish Economic Institute, the European Commission and Eurostat), as well as legal acts in force in Poland and the European Union. The thesis of the paper is that counteracting energy poverty and exclusion should not only be part of social policy, but also an integral component of the constitutional order and the EU system of fundamental rights protection. The analysis demonstrates that recent legislative changes in Poland (e.g., the amendment to the Energy Law) introduce significant mechanisms protecting vulnerable consumers and reducing energy poverty. Of particular note is the process of implementing the Central Energy Market Information System (CSIRE), which will enable a quick (24-hour) change of electricity supplier, becoming a key element of the digital energy revolution in Poland. The paper points out that these and other instruments increase market transparency, which benefits consumers and translates into savings crucial for reducing energy poverty. At the same time, however, a number of barriers limiting the effectiveness of these solutions have been identified, and the need for further action to ensure full compliance of the new instruments with constitutional values and human rights is highlighted. According to the Authors, it is necessary to introduce additional social and educational support mechanisms for those affected by energy poverty, in order to provide them with a real opportunity to exercise their rights. The conclusions of the study indicate that combating energy poverty should become an integral part of the constitutional order and the system for protecting fundamental rights, and that fair access to energy as a basic good must be treated not as a privilege, but as a constitutionally guaranteed right of every citizen.