Marshal Hołownia spoils the plans of those who support the quick arraignment of the NBP president before the Court of Justice. “He marked the application with serious reservations”

Last Monday, just after the National Electoral Commission announced the results of the European Parliament elections, which ended in a defeat for the Third Way, mainly due to the actions of Donald Tusk, Marshal Hołownia decided to suspend the plans of the Platform, that is to quickly bring the NBP President before the Tribunal State.

Although Hołownia ultimately forwarded the group of deputies’ motion on this issue to be considered by the Sejm Committee on Constitutional Responsibility, he placed serious reservations on it. He wrote directly that in the opinions of the Legislative Bureau and the Bureau of Expertise and Regulatory Impact Assessment there are serious doubts as to whether this application in the form submitted meets the requirements set by the provisions of the Code of Criminal Procedure with regard to a charge under Art. 6(5) of the Act? He also warned that in this situation, the work of the Constitutional Responsibility Commission, when the application of a group of deputies does not meet the formal requirements, could in the future undermine the legal effectiveness of its findings of the State Tribunal.

Issue with the MPs’ request for a Constitutional Tribunal for the NBP President

Let us not forget that at the end of May, the Parliamentary Committee on Constitutional Responsibility, with the votes of the MPs of the ruling coalition (11 in favor, 7 against), adopted the position that the motion of the group of MPs to appoint the President of the NBP who was accountable to the State Court met the formal requirements of the State Court Act. Sejm’s lawyers previously stated that the request from the group of deputies should be returned to the applicants as a supplement, so that it meets the requirements for an indictment in accordance with the Constitutional Court Act. In the same way, Marshal Szymon Hołownia said at a press conference that “haste is advisable in catching fleas, and we are talking about an important state authority and a serious procedure” and therefore, in his opinion, applicants should fill the gaps and thus meet all the requirements . formal requirements. However, the current parliamentary majority rejected all these doubts and stated that the request of the group of deputies meets all formal requirements and can be referred to the State Court.

It should also be emphasized that the coalition majority in the KOK has also decided not to take into account the decision of the Constitutional Court of January this year that the provisions of the Constitutional Court stating that a resolution of the Sejm must be adopted by an absolute majority of votes adopted to bring the President of the NBP before the Constitutional Court are contrary to the activities of the Constitution and the Sejm should not consider this request from a group of deputies until changes are made to the law. It turns out that Marshal Hołownia, when he re-sent the request of the group of parliamentarians to the CC, did not take into account the above-mentioned judgment of the Constitutional Court, although, remembering the reservations of the lawyers, he questioned its effectiveness . the Constitutional Court.

Hołownia supports the motion, but is confused

Let us recall that at the end of March, when the above-mentioned request of a group of parliamentarians was submitted to the Chairman of the Sejm, member of the NBP Board of Directors, Dr. Paweł Szałamacha, stated that this request, signed by 191 Members of Parliament, is not an attack on the President of the NBP, but an attack on the independence of the central bank and the stability of the Polish economy. And he used a very illustrative comparison, this application before the State Tribunal for Prof. Glapiński, it is as if a teacher is accused of teaching children, a doctor of healing people, and a baker of baking bread, i.e. that he carries out his duties reliably and does well what he is called to do.

Even this journalistic response by a member of the NBP board to apparently substantive allegations against the governor of the central bank places the drafters of the motion to bring him before the State Tribunal in an unfavorable light and is proof that it was mainly involves a political issue. nature. And yet the coalition majority wants to go ahead with this motion, even though it has serious substantive weaknesses, there are legal objections to it and political motivations are clearly visible to the naked eye. President Szałamacha has commented on the accusations in the motion as absurd and insulting to the intelligence of decent people, and yet the parliamentary majority still wants to go ahead with it, even ignoring the Constitutional Court’s ruling on the matter. Marshal Hołownia also supports this motion and sends it to the National Audit Office, but with publicly quoted reservations, but confuses those in favor of quickly bringing the NBP president before the Court of Justice.