ISSUE: 1/2009

  • Volume 49
  • Number 1
  • 2009


Studia Europejskie –
Studies in European Affairs

ISSN: 1428-149X
e-ISSN: 2719-3780

Ccbync License


Articles published in the journal are under a Creative Commons Attribution – Non Commercial – No Derivatives 4.0 International License

Dyrektywa unijna w sprawie przeciwdziałania praniu pieniędzy – czas na ocenę dostosowania polskich regulacji prawnych

The EU Directive concerning the prevention of money – laundering – assessment of approximation of Polish legal regulations


On 11 March 2008 a new EU directive was adopted, regarding prevention of the use of the financial system for the purpose of money laundering (Directive of the European Parliament and of the Council 2008/20/EC). Its primary aim was to amend the previous Directive 2005/60/EC, which – inspite of being in force for three years – was not free from flaws. Since the amendments made by the Directive 2008/20/EC were mostly technical in nature, as they in fact only concerned the committee procedure, the EU bodies decided that its provisions needn’t be obligatorily transposed into national legislation of Member States. Nevertheless, the Directive 2008/20/EC can be used as reference to evaluate a degree to which Polish legal solutions conform to the Directive in question, giving rise to several postulates in that matter. Such a comparison is especially needed with respect to Polish Act of 16 November 2000, concerning the crime of money laundering. A simple comparison reveals a scope of incompatibilities between the EU and Polish law in that area, regarding both subjective and objective range of control. These differences can occur very serious in the context of applying the EU solutions to Polish law. The article points out shortages and problems resulting from imperfect Polish law in that field.

Language: Polish

Pages: 107-120

How to Cite:


Golonka, A. (2009) "Dyrektywa unijna w sprawie przeciwdziałania praniu pieniędzy – czas na ocenę dostosowania polskich regulacji prawnych". Studia Europejskie – Studies in European Affairs, 1/2009, pp. 107-120.