The procedure for holding the President of the National Bank of Poland constitutionally accountable K 23/23
Ref. No. K 23/23
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 11 January 2024
The Constitutional Tribunal, composed of:
Julia Przyłębska – Presiding Judge
Krystyna Pawłowicz – Judge Rapporteur
Bartłomiej Sochański
Bogdan Święczkowski
Rafał Wojciechowski,
Recording Clerk – Joanna Rosół,
having considered, at a hearing on 11 January 2024 – in the presence of the applicant and the Public Prosecutor-General – the application by a group of Sejm Deputies, lodged with the Constitutional Tribunal to consider the conformity of:
1) Article 11(1), second sentence, of the Act of 26 March 1982 on the Tribunal of State (Journal of Laws – Dz. U. of 2022 item 762) to Article 42(3) in conjunction with Article 60 in conjunction with Article 31(3) of the Constitution,
2) Article 11(1), second sentence, of the said Act – insofar as it refers to the President of the National Bank of Poland – to Article 227 of the Constitution, Article 130 of the Treaty on the Functioning of the European Union (Journal of Laws – Dz. U. of 2004 item 864/2, as amended; OJ C 202 7.6.2016, p. 47) as well as to Article 7 and Article 14(2) of the Protocol (No 4) on the Statute of the European System of Central Banks and of the European Central Bank (OJ C 202 7.6.2016, p. 230),
3) Article 13(1a) of the said Act – insofar as it does not provide for a qualified majority with regard to indicting the President of the National Bank of Poland – to Article 227 of the Constitution, Article 130 of the Treaty on the Functioning of the European Union, as well as Article 7 and Article 14(2) of the Protocol No 4,
adjudicates as follows:
1. Article 11(1), second sentence, in conjunction with Article 13(1a) of the Act of 26 March 1982 on the Tribunal of State (Journal of Laws – Dz. U. of 2022 item 762) – insofar as it provides for the possibility of suspending the President of the National Bank of Poland in his/her duties, upon a resolution on holding the said President accountable before the Tribunal of State, adopted by an absolute majority of votes in the presence of at least half of the statutory number of Sejm Deputies – is inconsistent with Article 227(1) in conjunction with Article 227(2) in conjunction with Article 227(3) of the Constitution of the Republic of Poland.
2. Article 13(1a) of the said Act – in the part referring to Article 1(1)(3) of the said Act – is inconsistent with Article 227(1) in conjunction with Article 227(2) in conjunction with Article 227(3) of the Constitution.
3. Article 13(1b) of the said Act – due to the omission of reference to Article 1(1)(3) of the said Act – is inconsistent with Article 227(1) in conjunction with Article 227(2) in conjunction with Article 227(3) of the Constitution.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was adopted by a majority vote.
Julia Przyłębska
Krystyna Pawłowicz
Bartłomiej Sochański (dissenting opinion)
Bogdan Święczkowski
Rafał Wojciechowski (dissenting opinion)