The Polish AML System as a Threat to the Realization of Constitutional Freedoms and Rights – Overview of the Problem
- Institution: WSB University in Wrocław
- ORCID: https://orcid.org/0000-0001-6057-7475
- Year of publication: 2022
- Source: Show
- Pages: 465-476
- DOI Address: https://doi.org/10.15804/ppk.2022.06.34
- PDF: ppk/70/ppk7034.pdf
The paper is an attempt to diagnose the visible phenomenon, though still informal, of forced privatization of tasks assigned to law enforcement authorities within the current Polish legal system of counteracting money laundering and financing terrorism. It is also an attempt to assess the situation when law enforcement and supervisory institutions as well as cooperating bodies marginalize their duties connected to preventive and investigative activities. The author advances the thesis that shifting the point of gravity of the indicated actions to the obligated entities (mainly of a non-public character) leads to an unacceptable, from the point of view of constitutional principles, threat to freedoms and rights and constitutes an obligation that does not fit into the conditions specified in art. 31 of the Constitution. The article is a picture of reality.