Bank outsourcing in the new legal enviroment ‒ constitutional analysis of the powers of the Polish Financial Supervision Authority

In 2023, the polish parliament changed the supervision regime over banks’ activities in the field of banking outsourcing. The modification in banking law changed the way supervision of the Polish Financial Supervision Authority over the entrusting of statutory activities to entrepreneurs by banks was carried out. The analysis refer to the constitutional framework for limiting the freedom of economic activity of the bank. It will be presented the regulation of supervision over banking outsourcing: introducing an objection to the conclusion of the outsourcing contract, instead of the permission, an order to amend or terminate the contract. Finally, a constitutional legal assessment of the change will be presented. The research method used is the dogmatic method.

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Publication Details

Journal
Roczniki Administracji i Prawa
Published
2024-12-31
DOI
https://doi.org/10.5604/01.3001.0054.9689
Primary Topic
Polish Law and Legal System
Type
article
Field-Weighted Citation Impact
0.00
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article

Bank outsourcing in the new legal enviroment ‒ constitutional analysis of the powers of the Polish Financial Supervision Authority

Szymon Pawłowski
Roczniki Administracji i Prawa
Polish Law and Legal System
article

Bank outsourcing in the new legal enviroment ‒ constitutional analysis of the powers of the Polish Financial Supervision Authority

Szymon Pawłowski
article en

Abstract

In 2023, the polish parliament changed the supervision regime over banks’ activities in the field of banking outsourcing. The modification in banking law changed the way supervision of the Polish Financial Supervision Authority over the entrusting of statutory activities to entrepreneurs by banks was carried out. The analysis refer to the constitutional framework for limiting the freedom of economic activity of the bank. It will be presented the regulation of supervision over banking outsourcing: introducing an objection to the conclusion of the outsourcing contract, instead of the permission, an order to amend or terminate the contract. Finally, a constitutional legal assessment of the change will be presented. The research method used is the dogmatic method.

Roczniki Administracji i PrawaVol. Specjalny(XXIV)
Cardinal Stefan Wyszynski University in Warsaw (PL)
Openalex Percentile: Top 57%
Polish Law and Legal System
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