A draft of the Sejm position on the constitutional complaint (File No. SK 33/10), regarding the Act of 9th June 2006 on Central Anti-C-Corruption(...) Cover Image

Projekt stanowiska Sejmu w sprawie skargi konstytucyjnej (sygn. akt SK 33/10) dotyczącej ustawy z dnia 9 czerwca 2006 r. o Centralnym (...)
A draft of the Sejm position on the constitutional complaint (File No. SK 33/10), regarding the Act of 9th June 2006 on Central Anti-C-Corruption(...)

Author(s): Szymon Pawłowski
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: Poland; Central Anti-Corruption Bureau; constitutional complaint; appellation,

Summary/Abstract: In the draft, author submits to the Constitutional Tribunal, on behalf of the Sejm of Republic of Poland, a clarification on the constitutional complaint of J.K. of 5th August 2009 (File No. SK 33/10 and application for an adjudication stating that Article 23 para. 7 of the Act of 9 June 2006 on Central Anti-Corruption Bureau is compliant with the Constitution. The author also applies to the Tribunal for discontinuation of the proceedings in all other respects because of the inadmissibility of passing a judgment. The author analyzes compliance with the Constitution of Article 23 para. 7 of the Act of 9 June 2006 on Central Anti-Corruption Bureau. The constitutional complaint could be bring by “everyone whose constitutional freedoms or rights have been violated.” In the case, violation of the complainant rights is associated with deprivation of the possibility to appeal against a decision of the Court expressing consent to share information and data comprised of banking secrets, within the scope of the detailed history of the bank account.

  • Issue Year: 2011
  • Issue No: 3
  • Page Range: 235-270
  • Page Count: 36
  • Language: Polish