ORGANIZACYJNO-PRAWNE I SYSTEMOWE KONSEKWENCJE WYROKU TRYBUNAŁU KONSTYTUCYJNEGO Z DNIA 15 CZERWCA 2011 R. (K 2/09) W KONTEKŚCIE MOŻLIWOŚCI FUNKCJONOWANIA KORPUSU SŁUŻBY CYWILNEJ W URZĘDZIE KOMISJI NADZORU FINANSOWEGO

Abstract

The main aim of this article is to analyze the organizational, legal, and systemic implications of the judgement of the Constitutional Tribunal in the context of the possibility that a civil service corps functions in the Polish Financial Supervision Authority (PFSA). The authors put forward and substantiate the thesis that the ruling of the Constitutional Tribunal definitely closed the possibility of establishing a civil service corps in the Polish Financial Supervision Authority, which resulted in significant legal and organizational consequences, both positive and negative. Firstly, it increases the flexibility of human resources management processes in the financial market supervisory authority, and thus permits to enhance the attractiveness of the employment. Secondly, it limits the possibility of interference by the representatives of the executive branch, such as the Prime Minister, in the substantive activities of the staff, as the Prime Minister is not their constitutional chief. Thirdly, closing the possibility of establishing a civil service corps in PFSA, while failing to establish other quality and independence assurances concerning employees of this institution, may negatively affect the quality of the functioning of the state in a holistic approach. As a result of the conducted analysis, it has been established that the systemic and legal status of the PFSA is characterized by a significant level of independence and autonomy. In the opinion of the authors, it is greater than in the case of other regulatory bodies which are also defined in law as central bodies of government administration. The authors also agree with the standpoint of the Constitutional Tribunal, which stated that the KNF Board is a public administration body functioning outside the structures of government administration. Therefore, there is no possibility for a civil service to exist in the PFSA.