photo: trybunal.gov.pl
1. After nearly three days of deliberations, the Constitutional Court ruled that the supervision of the National Financial Supervision Authority (KNF) on the CU-s is inconsistent with the Constitution but only for small Kas, which means that for these large, however, is consistent with the Basic Law (unfortunately close 90% of complaints including those reported in the proposals of deputies and senators rejected due to formal reasons.)
President of the Court Andrzej Rzepliński reasons for judgment, invoked Article. 20 and Art. 22, in connection with art. 31 paragraph 3 and art.58 section 1 of the Constitution as the legal basis for such a settlement.
Article 20 of the Constitution says that “social market economy based on economic freedom, property private and solidarity and cooperation between social partners is the basis for Poland’s economic system “, and in turn Article. 22 that a “restriction on economic freedom is allowed only by means of statute and only for important public interest.”
The Court considered likely that the KNF supervision over credit unions ami It is compatible with the Constitution precisely because of the important public interest but why, then, made a distinction between large and small Kasami, that after all of the Basic Law after all can not be derived.
What More horse with a range of whoever after the Tribunal’s judgment, and based on what indicators have to decide which of over 50 Kas affiliated credit unions, it Kasa large, and which in turn is Kasa small?
2. Despite this, at least zastanawiającego settlement of TK deputy Platform Marcin Swiecicki, until recently the chairman of the parliamentary subcommittee on. Credit unions so they commented on one of the social networks “Full victory after the Law and Justice in the Constitutional Court on the unions.”
It turns out that the platform treats Court as another battlefield with the opposition and its substantive decision on a very important socially (over 2 million savers in credit unions) and financially (nearly 20 billion zł contributions) on the ruling party is completely irrelevant.
After the entry Święcicki Mr TT one journalist commented it follows “that the two przeforsowanymi last judges to the Constitutional Tribunal, the Platform should be even easier to win in Court of Law and Justice. “
3. Recall only that the first signal for the attack on unions and was the letter from the Chairman of the National Financial Supervisory Andrzej Jakubiak (former deputy Hanna Gronkiewicz – Waltz at the office of the City. Warsaw) to the Prime Minister Ewa Kopacz sent to her in early March of this year.
The letter concerned the liquidation of the Foundation for Polish Credit Unions and transfer earned over 20 years of € 77 million zł for the Cooperative Institute for Scientific Gregory Biereckiego a partnership.
Operation liquidation of the Foundation took place, however, in accordance with the decision of the founder or the World Council of Credit Unions in 2009 and the Polish Law on Foundations, which allows you to allocate funds liquidated only foundation for the continuation of their tasks.
The letter sent to the FSC Chairman but also to the heads of ABW and CBA, but as it turns out, had referred it to the prosecutor’s office, because he knew perfectly well that these 77 million are not all measures of credit unions and for anything else as for educational and scientific purposes, can not be transmitted, so it is difficult to formulate a plea suspicion of committing a crime.
Only recently have also learned that in February this year for a few weeks before the letter of the Financial Supervision Authority, the Prime Minister Ewa Kopacz resigned from membership in the credit union at Stefczyka which in 2009 obtained a loan of EUR 22 thousand (as you might guess I’ve got a signal that it is preparing the so-called. scandal unions).
4. Lately, the chorus attacking unions and joined suddenly seemed to be apolitical professional, Minister of Finance Mateusz Szczurek, who as chairman of the Financial Stability Committee, nor from that of the blue, fired on the public finance committee that “credit unions are financial pyramid” ( after this statement the minister basically took full responsibility for the future of Kas.)
Indeed, this kind of statement and that the finance minister can finish even the most affluent bank, let alone being constantly on the achievements of Cash.
After the speech, after their deposits can still apply most of savers, and this thrust will not stand any even the most robust bank deposits, after all, are the basis for conducting lending (as it is just over the counter cooperative).
Yesterday’s strange decision TK does the situation around Kas no calms, on the contrary introduced a further doubts as to distinguish Kasa large and small, what are the criteria for this division to be and, finally, who used to be made?
This is confirmed even representing President Komorowski in the CT patron of the Roman Nowosielski, who in an interview with the portal wPolityce.pl stated, inter alia, “we heard from the Court, that favors the interests of the bank, not citizens “and advised to become familiar with the positions of the three judges of the Constitutional Tribunal, who reported on this matter divergent positions (including two professors of law).
Zbigniew Kuźmiuk
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