Constitutionality of the provision of the Act on credit unions being the subject
of control indicated in the application of the General Public Prosecutor Cover Image

Konstytucyjność przepisów ustawy o spółdzielczych kasach oszczędnościowo-kredytowych będących przedmiotem kontroli wskazanym we wniosku Prokuratora Generalnego
Constitutionality of the provision of the Act on credit unions being the subject of control indicated in the application of the General Public Prosecutor

Author(s): Marcin Spyra
Subject(s): Constitutional Law, Public Law
Published by: Kancelaria Sejmu
Keywords: Constitutional Tribunal; credit unions; cooperative law;

Summary/Abstract: The author of the opinion concludes that the provision of the Act on Credit Unions, which is thesubject of the control indicated in the application of the General Public Prosecutor, is unconsti‑tutional to the extent that it prohibits the General Meeting of the National Credit Unions fromallocating more than 10% of the balance surplus of the National Credit Unions to the resourcesfund. According to the promoter, this prohibition constitutes an interference with ownership andother property rights. Yet the competence of the Financial Supervision Authority to approve modelcontracts concerning the activities of the National Credit Unions was considered to be consistentwith the constitutional model of a social market economy based on freedom of economic activity,private ownership and solidarity, dialogue and cooperation between social partners.

  • Issue Year: 2024
  • Issue No: 84
  • Page Range: 435-473
  • Page Count: 39
  • Language: Polish
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