The right to defence in proceedings in the case of a financial penalty being imposed for infringement of banking law by a supervisory authorities in Germany and Poland

IF 1.3 Q1 LAW

European Company and Financial Law Review Pub Date : 2022-09-30 DOI:10.4467/22996834flr.22.018.16527

Weronika Stawińska-Artecka

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Abstract

The article aims to present the model of proceedings in the case of a financial penalty being imposed for infringement of banking law in Poland and Germany and verify whether the parties' right to defence is ensured. The above issue is extremely topical, especially in light of the number and amount of financial penalties imposed by banking supervisory authorities. The article's thesis assumes that the legal regulations in force in Poland and Germany make the indicated guarantee a reality. The article highlights the role of financial market supervisory authorities, whose activities, including the imposition of financial penalties, translate into the safety of the banking sector. Detecting and then sanctioning banking law violations motivates financial market participants not to commit such violations. First, based on an analysis of judicial decisions and international law norms, the criteria that an exemplary model implementing the principle of the right to defence should meet were established. On the other hand, the following part of the article compares the legal framework in Poland and Germany and verifies whether the legal provisions provide the parties with the guarantees in question when imposing a financial penalty for violations of banking law.

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在德国和波兰的监管当局因违反银行法而施加经济处罚的诉讼中获得辩护权

本文旨在介绍波兰和德国因违反银行法而被处以经济处罚的诉讼模式，并验证当事人的辩护权是否得到保障。上述问题是非常热门的话题，特别是考虑到银行监管当局施加的经济处罚的数量和金额。本文假设波兰和德国现行的法律规定使上述担保成为现实。这篇文章强调了金融市场监管当局的作用，他们的活动，包括实施经济处罚，转化为银行业的安全。发现并制裁违反银行法的行为，可以激励金融市场参与者不再犯下此类违法行为。首先，在对司法判决和国际法准则进行分析的基础上，确定了执行辩护权原则的模范模式应符合的标准。另一方面，本文的以下部分比较了波兰和德国的法律框架，并验证了法律条款在对违反银行法的行为施加经济处罚时是否为当事人提供了所涉及的保证。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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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.