Prawo Unii Europejskiej jako podstawa immunitetu jurysdykcyjnego prezesów banków centralnych państw członkowskich – wnioski wynikające z Wyroku Trybunału Sprawiedliwości Unii Europejskiej z dnia 30 listopada 2021 r. w sprawie AB, CE, „MM investĩcijas
European Union Law as the Basis of Immunity From Legal Proceedings Enjoyed by the Governors of National Central Banks in the EU Member States – Conclusions Arising From the Court of Justice of the European Union’s Judgment of 30 November 2021 in the

Summary/Abstract: The immunities of the European Union have, in principle, been available to its institutions and other bodies, as well as to their members, officials, and other servants, and members of their families. However, in one of its recent judgments, the Court of Justice of the European Union held that – in view of the special nature of the European System of Central Banks, which comprises EU and national authorities – the privileges and immunities of the European Union should also be available to the governors of the national central banks of the EU Member States, when they act in their official capacity as members of the European Central Bank. The author of this analysis critically assesses the above judgment, primarily because it does not take into account that all privileges and immunities must be interpreted in a strict sense. However, the said judgment is a fact, and its effect is that the governors of the national central banks of the EU Member States have obtained EU immunity from legal proceedings in relation to all official activities undertaken by them as members of the internal bodies of the European Central Bank. Another effect of the above judgment is that, in the event of initiating proceedings with regard to the constitutional accountability of the President of the National Bank of Poland, the competent authorities conducting those proceedings should establish loyal cooperation with the relevant institutions of the European Union. The aim of the cooperation is primarily to determine whether the immunity from legal proceedings, enjoyed by the President of the National Bank of Poland, also extends to proceedings regarding his constitutional accountability.

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