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Adam Glapiński before the State Tribunal? Przemysław Litwiniuk, member of the Monetary Policy Council, comments

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The government announced that they would submit an application to the State Tribunal for the president of the National Bank of Poland, Adam Glapiński. In the opinion of Professor Przemysław Litwiniuk, a member of the Monetary Policy Council, the most important is the first allegation regarding the indirect financing of the budget deficit by the National Bank of Poland. – We were dealing with an unacceptable phenomenon – said the guest of “Fakty po Faktach”.

The promise to bring the president of the central bank, Adam Glapiński, before the State Tribunal was included in the Civic Coalition's election program “100 specifics for the first 100 days of government.”

READ MORE IN KONKRET 24: When can the president of the NBP be brought before the State Tribunal? We explain

Prime Minister Donald Tusk announced on Tuesday that “the application for the State Tribunal for Adam Glapiński is prepared and ready.” – It will be submitted in the coming days – announced the head of government during a press conference after the meeting of the Council of Ministers. According to the information provided by the head of the KO club, Zbigniew Konwiński, the application is to be submitted by Easter.

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During Thursday's edition of “Piasecki's Interview”, Konrad Piasecki, who unofficially obtained the content of this application, said that the document contains “eight main allegations of varying strength.”

Przemysław Litwiniuk about the allegations against Adam Glapiński

Przemysław Litwiniuk pointed out that some points in the justification for the motion to bring Adam Glapiński before the State Tribunal “require in-depth evidentiary proceedings.”

– From the perspective of the state's interest, the first point is the most important, which concerns the principles of operation of the central bank in relations with the government. Because we were dealing with a certain unacceptable, in my opinion, phenomenon of excluding important budgetary matter from the Budget Act to other acts, to parabudgetary funds, and later we were dealing with the phenomenon of financing the borrowing needs of these funds with the participation of the National Bank of Poland – said the MPC member.

– The Commission must determine whether it was a coordinated action as to its effects, or whether the parties sought to circumvent the prohibition under Art. 220 section 2 of the Constitution of the Republic of Poland – added Litwiniuk.

The guest of “Fakty po Faktach” was asked whether it was a drip for the government. – One of the former members of the Monetary Policy Council said that the decisions were made as soon as we saw that there was a lack of money in the state treasury. If the president followed such reasoning, it cannot be assessed differently, said the MPC member.

As he reminded – in accordance with the Constitution of the Republic of Poland – “NBP cannot participate in financing the budget deficit.”

The budget law cannot provide for covering the budget deficit by incurring a liability in the central bank of the state.

SEE THE PRELIMINARY APPLICATION FOR A STATE TRIBUNAL FOR THE PRESIDENT OF NBP, ADAM GLAPIŃSKI, WHICH WAS UNOFFICIALLY RECEIVED BY TVN24 >>>

– If we carry out activities aimed at circumventing the law, i.e. we take income and expenses out of the state budget and then finance them with the participation of the National Bank of Poland, it does not absolutely change the fact that we are dealing with at least a constitutional tort (violation), said Przemysław Litwiniuk.

According to the MPC member, “this case requires investigation not only to judge what happened, but also for the future.” – In crisis situations, the state must know what conditions it is operating in and if we are dealing with a state of emergency, the procedure for introducing a state of emergency should be used and then the constitutional restrictions should be relaxed and not the law broken – he emphasized.

Litwiniuk was asked whether Adam Glapiński is an apolitical president. – I don't know President Adam Glapiński from this side – replied the TVN24 guest.

Przemysław Litwiniuk, MPC member, in “Fakty po Faktach”TVN24

In the Third Polish Republic, the tribunal has so far sentenced two people

The fate of Emil Wąsacz, Minister of Treasury in Jerzy Buzek's government, may prove that the proceedings before the State Tribunal are a long political and legal battle. The initial motion to hold him accountable by the tribunal – for failure to fulfill his obligations in several privatizations – was submitted to the Speaker of the Sejm on May 24, 2002. The Committee for Constitutional Responsibility adopted the indictment on June 9, 2005, and the Sejm voted in favor on July 27. In November 2006, the Tribunal discontinued the case for formal reasons, and in March 2007, in the second instance, it overturned the discontinuation and referred the case for reconsideration. On July 3, 2019, the State Tribunal made a final decision to discontinue the proceedings because the charges against Wąsacz expired in 2012.

So far, the State Tribunal in the Third Polish Republic has sentenced only two people. On June 18, 1997, he issued a judgment in the case of five former ministers accused in the so-called alcohol scandal in 1989-1990. Two of them – former Minister of Foreign Economic Cooperation Dominik Jastrzębski and former President of the Central Customs Office Jerzy Ćwiek – were found guilty and sentenced to five years of deprivation of the passive electoral right and a five-year ban on holding managerial positions.

Main photo source: TVN24



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