Opinia prawna w sprawie ustawy o Bankowym Funduszu Gwarancyjnym, systemie gwarantowania depozytów oraz przymusowej restrukturyzacji

The author provides a critical evaluation of the bill, pointing out that, among others, it does not contain a legal definition of the term “equity facility”, which can give raise to numerous interpretative doubts. The author proposes improvement of this definition due to the significant size of that concept and the need to efficiently navigate the text of the act at the time of its existence. He also puts forward changes to avoid a conflict with a European Union rule. The provisions concerning the organization and operation procedure of the Bank Guarantee Fund does not provide the operational and structural independence of each individual function of the Fund, which also is in conflict with European Union law. In the author’s opinion, the bill deserves further legislative consideration.