Constitutionality of the provision of the Act on credit unions being the subject of control indicated in the application of the General Public Prosecutor

Streszcz. ang. s. 435. Bibliogr. s. 467-473

The author of the opinion concludes that the provision of the Act on Credit Unions, which is the subject of the control indicated in the application of the General Public Prosecutor, is unconstitutional to the extent that it prohibits the General Meeting of the National Credit Unions from allocating more than 10% of the balance surplus of the National Credit Unions to the resources fund. According to the promoter, this prohibition constitutes an interference with ownership and other property rights. Yet the competence of the Financial Supervision Authority to approve model contracts concerning the activities of the National Credit Unions was considered to be consistent with the constitutional model of a social market economy based on freedom of economic activity, private ownership and solidarity, dialogue and cooperation between social partners.