After nearly three days of deliberations, the Constitutional Court ruled that the supervision of the National Financial Supervision Authority (KNF) over the s credit unions is unconstitutional, but only for small Kas, which means that for these large, however, is consistent with the Basic Law (unfortunately near 90 % charges including those reported in the proposals of deputies and senators rejected due to formal reasons.)
President of the Court Andrzej Rzepliński, justifying sentence, called Art. 20 and Art. 22, in connection with art. 31 paragraph. 3 and Art. 58 paragraph. 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, private ownership 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 is consistent with the Constitution precisely because on important public interest, but why, then, made a distinction between large and small Kasami, that after all of the Basic Law can not be derived.
What’s more, a horse with a range of whoever after the Tribunal’s judgment and based for which indicators have to decide which of over 50 Kas affiliated credit unions Fund is large, which in turn is Kasa small?
Despite this, at least zastanawiającego settlement TK Platform deputy Marcin Swiecicki, until recently chairman 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 Court treats platform as the next battleground 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 envoy to Święcicki TT one of the journalists commented on it as follows: “przeforsowanymi last two judges to the Constitutional Tribunal, the Platform should be even easier to win in the Court of Law and Justice.”
The recall only that the first signal for the attack on SKOK- and a 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 Associations credit and transfer earned over 20 years of € 77 million zł for the Cooperative Institute for Scientific Gregory Biereckiego a partnership.
Action liquidation of the Foundation took place, however, in accordance with the decision of the founder, that the World Council of Credit Unions in 2009 and Polish the Law on Foundations, which allows 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 – not handed it over to the prosecution, because he knew perfectly well that these 77 million are not all measures of credit unions and on nothing else but to educational and scientific not be transferred, so it is difficult to formulate a plea suspicion of committing a crime.
It was not until recently also we learned that in February this year, a few weeks before the letter KNF 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 about preparations called. scandal unions).
Last to the chorus attacking unions and joined suddenly seemed apolitical professional, Minister of Finance Mateusz Szczurek, who as chairman of the Financial Stability Committee than this, than from that, fired on 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 Minister of Finance, might finish even the most affluent bank, let alone being constantly on the achievements of the Fund.
After such a statement after its deposits can still report the majority of savers, and this thrust will not stand any even the most robust bank deposits, after all, are the basis for conducting lending (yes is precisely the counter cooperative).
Yesterday’s strange decision TK does the situation around Kas no calms, on the contrary, introduces another problem, how to distinguish Cash large and small, what are the criteria for this division are to be used and, finally, Who has done this?
This is confirmed even representing President Komorowski in the CT lawyer Roman Nowosielski, which stated, inter alia: “heard from the Court that favors the interests of the bank, not citizens,” and advises to take a look at the positions three judges of the Constitutional Tribunal, who reported on this matter divergent positions (including two professors of law).
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