Ryzyko prania pieniędzy lub finansowania terroryzmu a prewencyjna odmowa zawarcia umowy z klientem przez instytucję finansową
The Risk of Money Laundering or Terrorist Financing versus a Financial Institution's Preventive Refusal to Enter into a Contract with a Client

Summary/Abstract: This article provides a normative analysis of the preventive denial of access to financial services or termination of business relationships with clients on the basis of money laundering and terrorist financing (ML/TF) risks under European Union law and Polish law. The study is premised upon the obligations imposed on regulated institutions and the risk-based approach requirement established in EU legislation, as well as international standards promulgated by FATF. Adopting a public law perspective, the analysis examines the implications of such practice for the freedom of association guaranteed under Article 11 of the European Convention on Human Rights, and the criteria of legality, legitimate aim, necessity, and proportionality as developed in the jurisprudence of the European Court of Human Rights.

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