In an opinion issued for the Constitutional Tribunal, the Prosecutor General has said that ”The government’s reform of OFE does not go against the constitution, but the advertising ban on OFE is illegal”.
The advertising ban does not only use undefined term ”advertisement”, but also violates the rules of the proper legislature, the prosecutor implies. Lack of private pension fund (OFE) advertising was against the principles of the freedom of information and the principle that limiting economical freedom is possible only by a legal act and if an important benefit to the society comes from it.
The Constitutional Tribunal has to review the pension system reform, which includes changes in the activity of OFE, after a motion filedby Polish President Bronisław Komorowski. If the Tribunal finds the reform to be illegal, Polish public sector debt could go beyond the 55 percent of the GDP, activating special procedures to minimize it.