Legal Status of Bank Gospodarstwa Krajowego as a Public Development Finance Institution (PDF)

Bank Gospodarstwa Krajowego is an important institution in the domestic financial system. The scope of tasks entrusted to it led to a decision to regulate some issues related to its functioning by means of a separate act, introducing solutions of lex specialis nature concerning banks operating on commercial principles. The monograph, as one of the first on the market, presents domestic legal solutions contained in the Act of 14 March 2003 on Bank Gospodarstwa Krajowego, their analysis and an assessment of the legitimacy of their functioning in the context of the lex specialis rule, also in the aspect of foreign solutions. The author also reviews other universally applicable provisions of domestic law, in particular the Banking Law Act, as well as the legal solutions functioning at the level of the European Union and the internal law of selected European Union member states with regard to the functioning of BGK.

The publication is licensed under the Creative Commons Attribution-Share Alike 3.0 Poland license (CC BY 3.0 PL) (full license available at: https://creativecommons.org/licenses/by/3.0/legalcode).

Keywords: Bank Gospodarstwa Krajowego, Act of 14 March 2003 on BGK, public financial institutions for development, Banking Act, normative legal analysis.

Prof. Sebastian Skuza-Holder – PhD with habilitation in economic sciences and PhD in legal sciences; professor at the University of Warsaw. His research activity focuses on, among other things, the financial market and supervised entities. Scholarship holder at the IMF Financial Market Instrument course at the Joint Vienna Institute (JVI). From 1999-2012, he worked in the Financial Market Development Department of the Ministry of Finance and advanced from the role of clerk to Deputy Director of the Department. As Deputy Director of the Financial Market Development Department, he was responsible for regulations regarding the banking sector and financial stability.
Between 2006-2013, member of the Exchange Supervisory Board of Warsaw Stock Exchange (Giełda Papierów Wartościowych w Warszawie S.A.) (Secretary of the Exchange Supervisory Board, Chair of the Audit Committee, Member of the Nomination and Renumeration Committee). From 2007-2012 a member of the Supervisory Board of Bank Gospodarstwa Krajowego (Deputy Chair of the Supervisory Board, Chair of the Audit Committee), between 2012-2017 he was employed at Bank Gospodarstwa Krajowego as Managing Director and Director of Compliance Office. During his employment at Bank Gospodarstwa Krajowego, Sebastian Skuza supervised the area of corporate governance and equity investments, as well as the legal area.
Between 2017-2020, he was the Undersecretary of State at the Ministry of Science and Higher Education, responsible for, among other things, finance, audit and control. From 2020-2023, served as the Undersecretary of State at the Ministry of Finance, responsible for budgeting, State Treasury debt management processes, EU funds budget and the financing of local government units. In 2021-2023, General Inspector of Financial Information. Since 2023, Deputy Chair of the KNF Board responsible for the capital market.
Author and co-author of around 160 publications on public finance, financial market, banking and financial stability, reviewer of scientific journals, PhD and habilitation dissertations, advisor on more than four hundred BA and MA theses and two PhD dissertations. Active academic lecturer in subjects of the financial market.