The Tribunal noted that the provisions of the Law on State Tribunal, which allow the President of the National Bank of Poland to be brought before the State Tribunal. Inconsistency with the Constitution.
In practice, this means disrupting any plans of the ruling coalition, whose representatives claim that Prof. Adam Glapinski.
Decision of the Constitutional Tribunal
The Constitutional Tribunal considered whether the Constitution provides for the automatic suspension of the President of the NBP in case of indictment (his function was to be taken over by the Vice President), as well as the provision on the absolute majority of the Seimas. , who can impeach the president in such a situation. The judges found it impossible.
The rationale states that the head of the central bank is legally guaranteed independence from the ruling majority and his appointment requires “cooperation between the President and the Seimas”. Therefore – according to the Constitutional Tribunal – The majority that allows him to be presented to the state tribunal should be the same as for example in the case of ministers (three fifths of the Seimas, i.e. 276 deputies)..
The Constitution does not provide for a qualified majority in the form of a simple majority – it was written in the rationale. Accordingly, the provision that allows the head of the NBP to be brought to court on this basis cannot be considered consistent with the Constitution, it was noted.
The panel of judges included the following judges: President Julia Przylbska, Kristina Pavlovic (Rapporteur Judge), Bartlomiej Sochanski, Bogdan Swieckowski and Rafal Wojcikowski.
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