Zakres ochrony immunitetowej posła w przypadku wszczęcia wobec niego przez Komisję Nadzoru Finansowego postępowania administracyjnego
The scope of immunity of a Deputy in the event of administrative proceedings instituted against him by the Polish Financial Supervision Authority
Author(s): Ewelina GierachSubject(s): Public Administration, Law on Economics, Administrative Law
Published by: Kancelaria Sejmu
Keywords: parliamentary immunity; Polish Financial Supervision Authority; Deputy; administrative proceedings;
Summary/Abstract: The proceedings in question, instituted by the Polish Financial Supervision Authority pursuant to the Act on Statutory Auditors, Audit Firms and Public Oversight, are not aimed at holding the Deputy "criminally responsible" within the meaning of the Constitution. Therefore, the institution of such proceedings does not require the consent of the Sejm or the Deputy concerned. The administrative penalty imposed in such proceedings may take the form of a fine or a ban on the person responsible for the violation from holding a position of a member of a management board or supervisory board in public interest entities for a period of one to three years. This penalty is mainly preventive in nature and is not a consequence of the commission of a prohibited act.
Journal: Zeszyty Prawnicze BAS
- Issue Year: 2025
- Issue No: 85
- Page Range: 99-115
- Page Count: 17
- Language: Polish
