THE STATUS OF THE NATIONAL BANK OF POLAND IN THE SYSTEM OF STATE AUTHORITIES (Status Narodowego Banku Polskiego w systemie organów panstwa)
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The changes of Poland's system of government has resulted in a deep transformation of the entire public administration and the functions performed by it, as well as modification of the nature of its functioning. The central bank has also been involved in this process. The change of the economic system has modified the bank's organization, its administrative functions, forms of operation and position in the administrative apparatus of the state. The place of the National Bank of Poland (NBP) and its organs in the Polish system of government has received an extensive constitutional basis. Its current legal status is very complicated. There is no doubt that NBP is located within the structure of the executive, however it is clearly separated and independent of the government administration. Moreover, it is a public-law person.. In the author's view, NBP provides an example of a new organizational-legal form of a mixed nature which, on the one hand, slightly reveals the attributes typical of the classic forms (particularly those of an administrative establishment or a state-owned enterprise) and, on the other hand, possesses new, previously unknown, traits. Its quite exceptional position in the central system of state authorities is also determined by its organ, i.e. the Monetary Policy Council (RPP). The Council, on the one hand, is an 'internal' organ of NBP, however, on the other hand, it is an autonomous constitutional organ of the state. By making NBP and RPP separate and independent of the government administration, an element of polycentrism has been introduced into the administrative system of the state, meant as an increase in the number of independent centres of public authority. As a consequence, 'coexisting' state organs have been created, whose system of interrelation was based on real division of powers, rather than hierarchical subordination. The exercise of public administration has been divided between many independent centres, while the burden of exercise of public administration and performance of its tasks have been reserved for organs of government and self-government administrations. RPP has been established as a special organ of the state, and NBP is a particular subject co-deciding about the system of government of the Polish State. Their independence of government provides proper conditions for functioning of independent centres for realization of public tasks of a key importance for the state.
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