REKONSTRUKCJA POJĘCIA RYNKU BANKOWEGO NA GRUNCIE PRZEPISÓW POLSKIEGO PRAWA BANKOWEGO I JEGO UŻYTECZNOŚĆ W ZAKRESIE ANALIZY REGULACJI PRAWNYCH
RECONSTRUCTION OF THE NOTION OF BANKING MARKET UNDER PROVISIONS OF THE POLISH BANKING LAW AND ITS APPLICABILITY IN THE ANALYSIS OF LEGAL REGULATIONS

Summary/Abstract: The necessity of clarifying the notion of banking market in legal sciences is justified by the need to define it both on the plane of theoretical considerations, and practical functioning of the market from the perspective of supervision by the Financial Supervision Authority, as well as the legislative work undertaken to order the banking market. For the latter, it would allow for a separate, apart from banking law, regulation of the establishment and operation rules of the category of entities of financial market engaged solely in lending money and unreasonably named “parabanks”. The attempt to define the notion of banking market, undertaken in the article and based on an analysis of the provisions of the Polish banking law, is a scientific reflection and the conclusions thereof should be taken as a starting point for a deeper discussion on the need to define the notion of banking market in legal sciences. This issue is significant because although banking market is being defined in economic sciences, this understanding is not always sufficient in legal sciences. The author believes that the notion of banking market should be clearly defined in the banking law and its scope cannot be identified only with the activities of banks. The notion of banking market proposed in this article, enables the author to answer the question whether normatively defined objectives of supervision over the market suggest that we are dealing with an integrated or centralized supervision.

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