Wybrane aspekty odpowiedzialności prezesa Najwyższej Izby Kontroli w świetle art. 198 ust. 1 oraz art. 206 konstytucji
Selected Aspects of the Liability of the President of the Supreme Audit Office in Light of art. 198 p. 1 and art. 206 of the Constitution

Summary/Abstract: The article is devoted to the issue of the liability of the President of the Supreme AuditOffice in the light of art. 198 p. 1 and art. 206 of the Constitution. According to the first of the these provisions, the person performing the duties of the President is subject to constitutional liability (for constitutional transgression) which means that he/she is liable fora non-criminal act involving a guilty violation of the constitution or a statute committed in office or in connection with the position held. Constitutional liability does not replace the criminal liability of the President of the Supreme Audit Office, but constitutes an additional type of liability that the person in charge of this post is subject to. This means that the initiation of proceedings aimed at the constitutional responsibility of the President of the Supreme Audit Office before the Tribunal of State does not exclude his/her criminal liability before common courts. The implementation of criminal liability against the President of the Supreme Audit Office, however, depends on the Sejm’s consent (the so-called waiving of immunity).

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