Bank Gospodarstwa Krajowego Funds as Activities Distorting the Principle of Transparency of Public Finances – Selected Issues

IF 1.3 Q1 LAW

European Company and Financial Law Review Pub Date : 2023-10-23 DOI:10.4467/22996834flr.23.010.18594

Kamila Żmuda-Matan

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Abstract

Bank Gospodarstwa Krajowego is a Polish development bank – the only such institution in Poland. Its mission is to support the sustainable socio-economic development of Poland. The subject of activity of Bank Gospodarstwa Krajowego is the implementation of tasks related to the management of government and EU funds and programs created, entrusted or transferred to BGK on the basis of laws or concluded agreements. These are in particular tasks related to the operation of over 30 funds and programs, such as the National Road Fund or the COVID-19 Prevention Fund. The activities of the funds of Bank Gospodarstwa Krajowego affect the basic elements of public finance in Poland, e.g. the principle of openness, transparency, detail, unity or transparency. This impact is assessed rather negatively. The above does not change the fact that the funds are an instrument that makes the financial economy more flexible, the practical importance of which has recently increased significantly. This makes it necessary to attempt to standardize the position of the funds in relation to public finance in the current sense. The analysis covered by the study refers in particular to selected Funds of Bank Gospodarstwa Krajowego, i.e. the COVID-19 Prevention Fund and the National Road Fund. The set goal implied the need to use a dogmatic research method, as well as a legal analysis of acts of generally applicable law.

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银行Gospodarstwa Krajowego基金是扭曲公共财政透明度原则的活动-选择问题

波兰国家开发银行是一家波兰开发银行，也是波兰唯一一家这样的机构。它的使命是支持波兰的可持续社会经济发展。Gospodarstwa Krajowego银行的活动主题是执行与管理政府和欧盟基金以及根据法律或缔结的协议创建，委托或转让给BGK的计划有关的任务。这些具体任务与国家道路基金、新冠肺炎防治基金等30多个基金和项目的运作有关。波兰国家银行(Bank Gospodarstwa Krajowego)基金的活动影响到波兰公共财政的基本要素，例如公开、透明、细节、统一或透明原则。人们对这种影响的评价相当消极。上述情况并没有改变这样一个事实，即资金是使金融经济更加灵活的工具，其实际重要性最近显著增加。因此，有必要尝试规范目前意义上的基金相对于公共财政的地位。该研究所涵盖的分析特别涉及到Gospodarstwa Krajowego银行选定的基金，即COVID-19预防基金和国家道路基金。设定的目标意味着需要使用教条式的研究方法，以及对普遍适用法律的行为进行法律分析。

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来源期刊

European Company and Financial Law Review LAW-

CiteScore

1.00

自引率

16.70%

发文量

期刊介绍： In legislation and in case law, European law has become a steadily more dominant factor in determining national European company laws. The “European Company”, the forthcoming “European Private Company” as well as the Regulation on the Application of International Financial Reporting Standards (“IFRS Regulation”) have accelerated this development even more. The discussion, however, is still mired in individual nations. This is true for the academic field and – even still – for many practitioners. The journal intends to overcome this handicap by sparking a debate across Europe on drafting and application of European company law. It integrates the European company law component previously published as part of the Zeitschrift für Unternehmens- und Gesellschaftsrecht (ZGR), on of the leading German law reviews specialized in the field of company and capital market law. It aims at universities, law makers on both the European and national levels, courts, lawyers, banks and other financial service institutions, in house counsels, accountants and notaries who draft or work with European company law. The journal focuses on all areas of European company law and the financing of companies and business entities. This includes the law of capital markets as well as the law of accounting and auditing and company law related issues of insolvency law. Finally it serves as a platform for the discussion of theoretical questions such as the economic analysis of company law. It consists of articles and case notes on both decisions of the European courts as well as of national courts insofar as they have implications on European company law.

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