Representatives of Donald Tusk’s coalition have announced that they will bring the Chairman of the NBP, Prof. Adam Glapiński before the State Tribunal. The NBP website presents excerpts from the legal advice of Prof. Ph.D. Hubert Izdebski, which shows that the new parliamentary majority may encounter serious difficulties in achieving its goal.
There can be no doubt that constitutional liability does not extend to violations of acts of the kind such as the Regulations of the Monetary Policy Board or the Regulations of the Board of Directors of the NBP.
– noted Prof. Ph.D. Hubert Izdebski in a legal opinion prepared for the National Bank of Poland.
The legal opinion shows that the new parliamentary majority will not be able to bring the NBP President before the State Tribunal for the activities of collegial bodies such as the Monetary Policy Council and the NBP Board of Directors.
Constitutional liability (…), like criminal liability, is individual in character, and in order to be punished the person on whom this responsibility rests must be found guilty, at least unintentionally. As a result, the constitutional responsibility of the NBP President to participate as chairman of a collegial body (in this case, the Monetary Policy Council and the NBP Board of Governors respectively) must be considered excluded.
– wrote Prof. Ph.D. Hubert Izdebski.
Taking minutes of MPC meetings
The lawyer also raised the issue of obtaining minutes of Monetary Policy Board meetings by members of the NBP board.
The Regulations of the Monetary Policy Council cannot be treated as a source and thus, as a basis for use by members of the NBP board – especially the unconditional use – the right to obtain (copies of) minutes of meetings of the Monetary Policy Board. The admissibility of providing a specific member of the Governing Council of the NBP with a copy of certain minutes of a meeting of the Monetary Policy Board must be determined in each such case on the basis of the criteria referred to in Art. 4 section 1 of the Act on the Protection of Confidential Information in connection with paragraph 11 4 in fine, referring to paragraph 12 3 of the Regulations of the Monetary Policy Council
– he emphasized.
tkwl/nbp.pl
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Source: wPolityce