Wednesday Court a full court considered the four proposals for concerns related to the provisions of the Law on credit unions of 2009 and its amendment of 2013. Applications submitted by President Bronislaw Komorowski, the two groups PiS deputies and the senators of this club. At first hearing was scheduled for two days – Wednesday and Thursday. However, due to the large number of questions to the parties judges presiding judge and President of TK Andrew Rzepliński he announced that the hearing will be continued also on Friday.
The Tribunal ruled that Article. 60 of the Law on credit unions in 2009. In so far as it does not limit the means of supervision of the Financial Supervision over the activities of small banks, is incompatible with Article. 22, in connection with art. 31 paragraph. 3 and Art. 58 paragraph. 1 Polish Constitution. As a rule, state supervision of credit unions is permissible s – noted the ruling presenting Judge-Rapporteur Leon Kieres. As explained, the legislature preparing rules for credit unions should differentiate the use of legal supervisory measures over cash due to, among others, the size of their business. Kieres also announced that the Court gives Parliament 18 months to improve the partially defective provisions relating to cooperative banks. TK does not, however, pointed out in the judgment, which is meant by “ A small counters .”
In July the information KNF about the situation credit unions sector in the first quarter . Br. It stated that cash is dominated by small, in which the sum of assets does not exceed 100 million zł (29 offices), but they have only 8.4 percent. total assets of banks operating. In turn, the value of the assets of the three largest cooperative banks exceeded 500 million zł, and the assets of two of them exceeded 1 billion zł. How it gave the Commission three largest cash held a total of more than 65 percent. sector assets, ie. 8 billion 404 million zł.
In reading the judgment Kieres pointed out that TK was forced to discontinue the majority of applications that have made PiS MPs, because – as he said – they raise significant reservations formal and legal. He added that the irregularities proposals consisted, among others on polemics with the rationale of the Act, challenging the motives zdawkowości and arguments non-legal . TK is not a substitute applicants and correct their pleadings, so as to meet the formal requirements – stressed the rapporteur. Judges in the case of other applications filed to examine the constitutionality Act on credit unions decided that they are compatible with the Basic Law. This means that the Tribunal did not share the doubts of President Komorowski concerning, among others acquisition of selected rights or obligations of the cooperative money by a domestic bank.
Kieres explaining the decision of the Tribunal in this regard pointed out that you can not agree with the statement of the applicant . He added that the provisions of the reviewed Act does not provide for the obligation to maintain a certain balance between the Acquired property rights and liabilities remaining in hand. The rapporteur pointed out that skarżony by President provision governs a situation in which both the PFSA and poignant domestic bank must act in extraordinary circumstances . The essence of the cash acquisition, its property rights or obligations of a domestic bank is to protect the funds of members money, which the governing bodies led to the fact that it is not able to ensure the safety of his savings and not being able to function in the market depository credit – pointed Kieres.
The Tribunal also did not share the doubts about the president, if it is a provision that prevents an appeal against a decision of the Financial Supervision Authority to acquire cash by the bank. Kieres stressed that this provision was intended to speed the restructuring process. He added that the process of taking cash was formed in accordance with the principle of ownership.
Friday the judgment of CT was not unanimous. The three judges had dissenting opinions. Judges Zbigniew Cieslak and Maria Gintowt-Jankowicz had a different view to the whole sentence, while Judge Teresa Liszcz to part of the decision CT. Judge Gintowt-Jankowicz stated that strongly disagrees with the redemption of approx. 90 per cent. appeal for formal reasons. This is contrary to the established practice of judicial CT and is not fully supported by the current law – assessed. In her opinion for the majority of depreciated charges can determine what consisted violation of the Constitution in matters of principle, hindering the proper operation of credit unions.
According to the judge Cieslak legislator violated many constitutional standards for unions. He also stated that most of the proposals parliamentarians redemption resulted in erroneous decision TK, because selectively treated control subjects. According to Cieslak it made the TK had lost perspective study what is most important: proper assessment of the system. was appreciated trees, not the forest seen again – compared. In turn, the judge Liszcz was opposed to discontinue wherever TK explained that lack of sufficient justification . As she said this is not consistent with the past practice of TK. According to her, the Court did not look at the whole appeal, which questioned the KNF supervision model on cash and declined to identify the most objections. Liszcz disputed that, in the Tribunal’s judgment did not indicate evaluation criteria that money should be regarded as small.
The judge also considered that the creation of money – as a non-profit cooperatives – should not be subject to the approval of the Financial Supervision Authority. This real cash, dating back to the years of partition, should not be stifled by state supervision – pointed. She added that it is contrary to the principle of freedom of association. If stłamsimy cash, niezamożni will rely on the absolute loan companies prey – she pointed out.
The new Act on Credit Unions (replaced the provisions of 1995). Sejm adopted in autumn 2009. It provided. that money will go under the supervision of the Financial Supervision Authority. A bill before signing it, but directed to TK President Lech Kaczynski, believing that it interferes too far in self-management and autonomy of cash. In March of 2011. President Bronislaw Komorowski withdrew some complaints of his predecessor, including objections to the legislation establishing the KNF supervision over the activities of credit unions. In January 2012 the Constitutional Tribunal ruled that two provisions of the Law on credit unions that challenged President Kaczynski (left in the complaint and President Komorowski), are unconstitutional. After removing the non-compliance by the Parliament Act came into force, so that from October 2012. Credit unions hit “under the wing” FSA.
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