Legal Assessment of the Legal Force Exclusion of the 1st Prudential Procedure in the Act on Public Finance

• Main Author: Marcin Tyniewicki
• Format: Article
• Language: Polish
• Published: Wydawnictwo Naukowe Uniwersytetu Mikołaja Kopernika 2014-03-01
• Series: Prawo Budżetowe Państwa i Samorządu
• Subjects: budget equilibrium; budget deficit; public debt; prudential procedure (prudential threshold); financial legislation
• Online Access: http://apcz.pl/czasopisma/index.php/PBPS/article/view/PBPS.2014.006
• ISSN: 2300-9853; 2353-7086

By the amendment of the Act on Public Finance of 26 July 2013, Polish legislature made a temporary suspension – till the end of 2013 – of the application of the provisions governing the Ist prudential procedure. This procedure has a crucial meaning for reducing the growth of budget deficit and in consequence – reducing public debt growth. In case of such crucial provisions for public finance, any amendments should be carried out in situations really justified and exceptional as well as with careful respecting of principles of proper legislation. In these aspects mentioned amendment rises a number of objections. For example, rapid pace of parliamentary works causes doubts about correctness of the legislative process. Therefore, in this article the author tries to make a legal assessment of the amendment of the Act on Public Finance of 26 July 2013, both from the formal and legal point of view and taking into the consideration the importance of provisions governing the prudential procedure for whole sphere of Polish public finance.