Violation of Recommendations Issued by the Polish Financial Supervision Authority as a Basis for Imposing Sanctions Pursuant to Article 362(1) of the Insurance and Reinsurance Activity Act of 11 September 2015

Abstract

Pursuant to Article 361(1) of the Insurance and Reinsurance Activity Act of 11 September 2015, the Polish Financial Supervision Authority (PFSA) may issue recommendations for insurance and reinsurance undertakings. In the case of non-compliance, such recommendations may give rise to the imposition of administrative sanctions. The purpose of the article is to decide to what extent the violation of supervisory acts, such as the PFSA’s recommendations, determines the administrative liability of insurance and reinsurance undertakings. Furthermore, the article aims at discussing to what extent a breach of non-authoritative acts of a supervisory nature, such as the PFSA’s recommendations, may constitute the basis for administrative liability provided for in Article 362(1) of the Act. The author conducts his analysis in the context of constitutional standards applicable to administrative responsibility. Those standards are compared with the decisions of the PFSA rendered as a result of the violation of its recommendations. In addition, the article presents de lege lata and de lege ferenda conclusions which relate to ensuring compliance with constitutional requirements of the procedure for sanctioning violations of recommendations issued by the PFSA.