Stosowanie Rozporządzenia DLT Pilot Regime w polskim i francuskim porządku prawnym – analiza prawnoporównawcza

Abstract

This article addresses the issue of applying the DLT Pilot Regime Regulation in the realities of national legal orders. The Polish and French legislation is analysed, using the dogmatic and comparative legal methods. The main objective of the article is to attempt to answer two questions: firstly, whether the scope of application of the DLT Pilot Regime Regulation allows the use of the potential of blockchain technology on the EU financial instruments markets, and secondly, to what extent it is possible to apply the solutions provided for in the DLT Pilot Regime Regulation in the realities of national legal orders. The following theses are put forward in the study: firstly, the scope of application of the Regulation has been excessively limited and does not allow the use of the full potential of distributed ledger technology on financial markets. Secondly, in the case of the Polish legal system, even the amendments to the legal provisions introduced in connection with the entry into force of the Regulation do not allow the full application of the solutions provided for therein. Solutions that guarantee the possibility of a wider use of tools available on the basis of the DLT Pilot Regime Regulation are provided for in the French legal system. The study shows that these are solutions that could be considered by the Polish legislature.