Pozycja ustrojowo-administracyjna Rzecznika Finansowego wśród organów administracji publicznej
The systemic and administrative position of the Financial Ombudsman among public administration bodies

Summary/Abstract: This article aims to present the institutional position of the Polish Financial Ombudsman, taking into account the significance of its autonomy and the existing inter-institutional dependencies. The point of departure is the thesis that independence constitutes a key element of the status of this body. The study outlines the ratio legis behind the establishment of the Financial Ombudsman and presents normative arguments supporting its placement outside the structure of government administration. The subsequent part of the analysis focuses on the controversies related to the extension of the Ombudsman's tasks in the field of retail banking accessibility under the Act of 26 April 2024, including the supervisory relationship with the President of PFRON, which arise from these changes. In this context, a research question is formulated concerning the impact of the new institutional linkages on the Financial Ombudsman's independence to date. The study, conducted with the use of the dogmatic-legal method, leads to the conclusion that, following the legislative amendments, the Financial Ombudsman is moving towards a hybrid model: it does retain its distinctness from central government administration, while at the same time, remains in a relationship of supervisory subordination regarding the scope of its new competences, which runs counter to the original idea underlying the establishment of this institution.

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