A preliminary application for holding the President of the National Bank of Poland accountable before the Tribunal of State K 8/24
Ref. No. K 8/24
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 20 August 2024
The Constitutional Tribunal, composed of:
Julia Przyłębska – Presiding Judge
Zbigniew Jędrzejewski
Krystyna Pawłowicz – Judge Rapporteur
Bartłomiej Sochański
Bogdan Święczkowski
Recording Clerk – Katarzyna Wajer,
having considered, at the hearing on 20 August 2024 – in the presence of the applicant – the application by a group of Sejm Deputies, lodged with the Constitutional Tribunal to consider the conformity of:
(1) Article 7 of the Act of 26 March 1982 on the Tribunal of State (Journal of Laws – Dz. U. of 2022 item 762) – insofar as it concerns a preliminary application for holding the President of the National Bank of Poland accountable before the Tribunal of State, to Article 227(1) in conjunction with Article 227(2) in conjunction with Article 227(3) of the Constitution,
(2) Article 8 of the Act referred to in point 1, insofar as it concerns the President of the National Bank of Poland, to Article 227(1) in conjunction with Article 227(2) in conjunction with Article 227(3) of the Constitution,
(3) Article 9d(1) of the Act referred to in point 1 – insofar as it concerns the obligatory appearance of the President of the National Bank of Poland before the Constitutional Liability Committee – to Article 227(1) in conjunction with Article 227(2) in conjunction with Article 227(3) of the Constitution,
(4) Article 9g(2) of the Act referred to in point 1, insofar as it concerns the Constitutional Liability Committee’s adoption of a decision to hold the President of the National Bank of Poland accountable before the Tribunal of State, to Article 227(1) in conjunction with Article 227(2) in conjunction with Article 227(3) of the Constitution,
(5) Article 127 of the resolution of 30 July 1992 – the Rules of Procedure of the Sejm issued by the Sejm of the Republic of Poland (Official Gazette of the Republic of Poland – Monitor Polski of 2022, item 990, as amended), insofar as it concerns a preliminary application for holding the President of the National Bank of Poland accountable before the Tribunal of State, to Article 227(1) in conjunction with Article 227(2) in conjunction with Article 227(3) of the Constitution,
adjudicates as follows:
1. Article 8 of the Act of 26 March 1982 on the Tribunal of State (Journal of Laws – Dz. U. of 2022, item 762, as amended) , insofar as it concerns the President of the National Bank of Poland, 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 9d(1) of the Act referred to in point 1 – insofar as it concerns the obligatory appearance of the President of the National Bank of Poland before the Constitutional Liability Committee – is inconsistent with Article 227(1) in conjunction with Article 227(2) in conjunction with Article 227(3) of the Constitution.
3. Article 9g(2) of the Act referred to in point 1, insofar as it concerns the Constitutional Liability Committee’s adoption of a decision to hold the President of the National Bank of Poland accountable before the Tribunal of State, 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 unanimous.
Julia Przyłębska
Zbigniew Jędrzejewski
Krystyna Pawłowicz
Bartłomiej Sochański
Bogdan Święczkowski