Glapiński before the State Tribunal? NBP publishes a legal opinion

Politicians of the new parliamentary majority repeat announcements about a possible trial that would bring the president of the National Bank of Poland, Adam Glapiński, to the State Tribunal. The central bank itself commented on the matter again and published a fragment of the legal opinion.

Glapiński before the State Tribunal? The National Bank of Poland responds

A fragment of the legal opinion of prof. was published on the website of the National Bank of Poland. Ph.D. Hubert Izdebski prepared for the National Bank of Poland.

“The Constitution of the Republic of Poland provides for constitutional responsibility before the State Tribunal, among others. President of the NBP – for violating the Constitution or the Act in connection with the position held or in the scope of office (Article 198(1)). The Act on the Tribunal of State indicates that this responsibility covers acts that violate the Constitution or the Act, even unintentionally (Article 3). There can be no doubt that constitutional responsibility does not cover violations of acts of the type such as the Regulations of the Monetary Policy Council or the Regulations of the Management Board of the NBP. – we read in the opinion.

“Constitutional responsibility (…), like criminal liability, is of an individual nature, and in order to be punished, the person subject to this responsibility must be proven guilty, at least unintentional. As a result, the constitutional responsibility of the President of the NBP for participation as the chairman of a collegial body (in this case, the Monetary Policy Council and the Management Board of the NBP, respectively) should be considered excluded. – it was written further.

“The regulations of the Monetary Policy Council, due to both the implementing nature of these regulations in relation to the NBP Act and the scope relating to the mode of operation of the Council (…), cannot be treated as a source and therefore a basis for use by members of the NBP Management Board – even more unconditional use – the right to obtain (copies of) minutes of meetings of the Monetary Policy Council. The admissibility of providing a specific member of the NBP Management Board with a copy of a given minutes of a meeting of the Monetary Policy Council should 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 Classified Information in connection with § 11 section 4 in fine referring to § 12 section 3 of the regulations of the Monetary Policy Council. – he also wrote prof. Ph.D. Hubert Izdebski.