Opinia prawna dotycząca trybu pociągnięcia Prezesa Narodowego Banku Polskiego i Przewodniczącego Krajowej Rady Radiofonii i Telewizji do odpowiedzialności przed Trybunałem Stanu
Legal Opinion on the Procedure for Holding the President of the National Bank of Poland and the Chairman of the National Broadcasting Council Accountable Before the Tribunal of State

Summary/Abstract: The aim of this analysis is to answer two interrelated questions. The first ones concerns the constitutionality of the effect of the Sejm’s adoption of a resolution to hold the President of the National Bank of Poland or the Chairman of the National Broadcasting Council accountable before the Tribunal of State – i.e. the suspension of those individuals from their duties. The second question concerns the majority of votes required for the Sejm of the Republic of Poland to adopt a resolution to hold the said persons constitutionally accountable, in the light of the Constitutional Tribunal’s judgment of 11 January 2024 (ref. no. K 23/23). An analysis of constitutional and statutory provisions as well as of the views expressed in legal literature has led the author to conclude that, under the current legal framework, the Sejm’s resolution to hold the President of the National Bank of Poland or the Chairman of the National Broadcasting Council accountable before the Tribunal of State results, in both cases, in the suspension of those individuals from their duties. Regarding the President of the National Bank of Poland, such regulation raises doubts as to its compatibility with European Union law. This article also analyses the implications of the Constitutional Tribunal’s judgment of 11 January 2024, with a view to answering the question of whether the judgment constitutes a ruling issued in breach of the law, within the meaning of the Sejm’s resolution of 6 March 2024. The author expresses the view that the said judgment – having been published in the Journal of Laws – is valid despite the criticism expressed in legal literature. Consequently, in the author’s opinion, the adoption of a resolution by the Sejm of the Republic of Poland to hold the President of the National Bank of Poland accountable before the Tribunal of State requiresa three-fifths majority of the statutory number of MPs.

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