EUROPAM

European Public Accountability Mechanisms

Poland

Country score (European Average*)
  • 86(67) Political Financing
  • 57(50) Financial Disclosure
  • 36(41) Conflict of Interest
  • 57(56) Freedom of Information
  • 61(65) Public Procurement

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)25,400
Population, total37,999,494
Urban population (% of total)60.5
Internet users (per 100 people)66.6
Life expectancy at birth (years)77.5
Mean years of schooling (years)11.8
Global Competitiveness Index4.5
Sources: World Bank, UNDP, WEF.

Political Financing

The Law on Political Parties (1997, amended 2008) and the Election Code of Poland 2011 are the main laws regulating the financing of political parties in Poland. 

There are comprehensive limits on the private income of political parties. Donations are banned from foreign interests, corporations, trade unions and anonymous donors in addition to a number of other sources which are prohibited. There are also specific rules on how many can be raised and there are limits on the amount that can be donated. 

There is public funding available for parties and is allocated in proportion to the number of votes received. Public funding can be used for campaign spending as well as other activities prescribed by the law. Subsidized access to the media is also available. 

There are regulations on spending such as bans on vote buying and bans on state resources being used in favour or against a political party or candidate. There are also limits on how much a political party or candidate can spend. 

Parties are required to provide reports annually. These are to include information in relation to the finances of election campaigns and in some cases must reveal the identity of donors. The reports must be made public. The reports are overseen by State Electoral Commission and auditors. Sanctions for breaches of the provisions of the law include fines, the loss of public funding, forfeiture, de-registration of the party, the loss of political rights as well as criminal law sanctions.


Quantitative Data

Primary Metric

201220152016Trend
Bans and limits on private income838383
Public funding626262
Regulations on spending100100100
Reporting, oversight and sanctions92100100

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Bans on donations from foreign interests

Is there a ban on donations from foreign interests to political parties? Yes. 2. A political party may not accept funds originating from: 1) natural persons who do not have a place of residence in the Republic of Poland, with the exception of Polish citizens living abroad, 2) foreigners who have a place of residence in the Republic of Poland. (Law on Political Parties, 1997, amended 2015, Art 25(2))
Is there a ban on donations from foreign interests to candidates? Yes. For presidential candidates. The financial resources election committee of a candidate for President of the Republic can only come from the contributions of Polish citizens who have a permanent residence in the Polish Republic, the election funds of political parties and bank loans contracted for purposes related to elections.‌ (Election Code 2011, Art 132.4)

Bans on corporate donations

Is there a ban on corporate donations to political parties? Yes. 1. A political party may receive funds only from natural persons, subject to the provisions of paragraph 2, Article 24 (4) and (7), Article 28 (1) and the provisions of acts of law concerning elections to the Sejm of the Republic of Poland and to the Senate of the Republic of Poland as well as elections to the European Parliament, regarding earmarked subsidy. Art 24(4) A political party may derive income from its assets originating only from: 1) interest paid on funds deposited in bank accounts and term deposits, 2) trading in Treasury bonds and Treasury bills, 3) sale of assets owned by it, 4) activities referred to in Article 27. Art 24(7) A political party may take out bank loans for purposes in line with its constitution. Art 28 relates to public funding. (Law on Political Parties, 1997, amended 2015, Art 25(1))
Is there a ban on corporate donations to candidates? Yes. Financial resources of: 1) the election committee of an organization, 2) the voters election committee- shall only come from the contributions of Polish citizens with their permanent domicile in the Polish Republic, and bank loans taken out solely for purposes related to elections. § 4 The financial resources of the election committee for the candidate for President of the Republic can only come from the contributions of Polish citizens with permanent domicile in the Polish Republic, and the election funds of political parties and bank loans taken out for purposes related to elections (Election Code 2011 , Art 132)
Is there a ban on donations from corporations with government contracts to political parties? Yes. 1. A political party may receive funds only from natural persons, (Law on Political Parties, 1997, amended 2015, Art 25(1))
Is there a ban on donations from corporations of partial government ownership to political parties? Yes. 1. A political party may receive funds only from natural persons, (Law on Political Parties, 1997, amended 2015, Art 25(1))
Is there a ban on donations from corporations with government contracts to candidates? Yes. Financial resources of: 1) the election committee of an organization, 2) the voters election committee - shall only come from the contributions of Polish citizens with their permanent domicile in the Polish Republic, and bank loans taken out solely for purposes related to elections. § 4 The financial resources of the election committee for the candidate for President of the Republic can only come from the contributions of Polish citizens with permanent domicile in the Polish Republic, and the election funds of political parties and bank loans taken out for purposes related to elections (Election Code 2011 , Art 132)
Is there a ban on donations from corporations of partial government ownership to candidates? Yes. Financial resources of: 1) the election committee of an organization, 2) the voters election committee - shall only come from the contributions of Polish citizens with their permanent domicile in the Polish Republic, and bank loans taken out solely for purposes related to elections. § 4 The financial resources of the election committee for the candidate for President of the Republic can only come from the contributions of Polish citizens with permanent domicile in the Polish Republic, and the election funds of political parties and bank loans taken out for purposes related to elections (Election Code 2011 , Art 132)

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties? Yes. 1. A political party may receive funds only from natural persons, (Law on Political Parties, 1997, amended 2015, Art 25(1))
Is there a ban on donations from Trade Unions to candidates? Yes. Financial resources of: 1) the election committee of an organization, 2) the voters election committee - shall only come from the contributions of Polish citizens with their permanent domicile in the Polish Republic, and bank loans taken out solely for purposes related to elections. § 4 The financial resources of the election committee for the candidate for President of the Republic can only come from the contributions of Polish citizens with permanent domicile in the Polish Republic, and the election funds of political parties and bank loans taken out for purposes related to elections (Election Code 2011 , Art 132)

Bans on anonymous donations

Is there a ban on anonymous donations to political parties? Yes. The financial resources of the election committee for the candidate for President of the Republic can only come from the contributions of Polish citizens with permanent domicile in the Polish Republic (Election Code 2011 , Art 132)
Is there a ban on anonymous donations to candidates? No. but with an specific limit Donations exceeding one minimum wage must be recorded including name and address of donor, indicating a de facto ban on donations over that amount. § 1 The [election] Committee is obliged to keep records of: 1) loans, including the name of the bank granting the loan and all the essential conditions for its recovery, in particular: the date of the loan, its amount, interest and other costs of its acquiring, guarantors, and the commitment to be repaid; 2) payment from one individual of a value exceeding the amount of the minimum wage, defined under the Act of 10 October 2002 on the minimum wage, as applicable on the day preceding the announcement of the date of elections, indicating the name, surname and place of residence of such person. (Art 140 Election Code 2011)

Other bans on donations

Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? Yes. Political Party Law 25 1. A political party may receive funds only from natural persons Election Code § 3 Financial resources of: 1) the election committee of an organization, 2) the voters election committee - shall only come from the contributions of Polish citizens with their permanent domicile in the Polish Republic, and bank loans taken out solely for purposes related to elections. (Law on Political Parties, 1997, amended 2015, Art 25(1) Art 132(1) Election Code 2011 )
Is there a ban on any other form of donation? No. Absent from legal framework

Donation limits

Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? Yes. The total sum of payments from a natural person to a political party, excluding membership fees amounting in any given year to not more than the minimum wage set in pursuance of separate regulations, prevailing on the day immediately preceding the date of payment, as well as payments to the Election Fund of a political party may not exceed in any given year 15 times the minimum wage set in pursuance of separate regulations, prevailing on the day immediately preceding the date of payment. (Law on Political Parties, 1997, amended 2015, Art 25(4))
Is there a limit on the amount a donor can contribute to a political party in relation to an election? Yes. 134, § 2 The sum of contributions from a Polish citizen for the election committee may not exceed 15 times the minimum wage (Art 134(2) Election Code 2011 )
Is there a limit on the amount a donor can contribute to a candidate? Yes. There is a limit on the amount that can be contributed to electoral committees. the limit is 15 times the minimum wage (Art 134(2) Election Code 2011)

Public funding 

Eligibility criteria for direct public funding to political parties

Eligibility criteria for direct public funding to political parties: Share of votes in previous election Yes. 1. A political party which: 1) in an election to the Sejm, having independently formed an electoral committee, received nationwide at least 3% of validly cast votes on its district lists of candidates for deputies, or 2) in an election to the Sejm was a member of a coalition, whose district lists of candidates for deputies received nationwide at least 6% of validly cast votes, shall be entitled to receive for the duration of the term of office of the Sejm, in the manner and in accordance with the rules set out in this Act, a subsidy from the state budget for its activities envisaged by its constitution, hereinafter referred to as the “subsidy”. (Law on Political Parties, 1997, amended 2015, Art 28(1))
Eligibility criteria for direct public funding to political parties: Representation in elected body No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Participation in election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of candidates No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in previous election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Registration as a political party No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Other No. Absent from legal framework

Allocation calculations for direct public funding to political parties

Allocation calculations for direct public funding to political parties: Proportional to votes received Yes. The amount of the annual subsidy referred to in Article 28 for a given political party or an electoral coalition shall be determined on a gradual degression basis pro rata to the total number of valid votes cast on district lists of candidates for deputies of such a party or electoral coalition, with breakdown by the number of votes corresponding to individual percentage brackets, in accordance with the following formula: S = W 1 x M 1 + W 2 x M 2 + W 3 x M 3 + W 4 x M 4 + W 5 x M 5 where individual symbols mean: S - amount of annual subsidy, W 1-5 - numbers of votes calculated successively for each line of the following table, provided separately as a result of breaking down the total number of valid votes cast nationwide on district lists of candidates for deputies from a given political party or electoral coalition according to the percentage bracket, M 1-5 - amount in PLN for consecutive lines of the following table: (Law on Political Parties, 1997, amended 2015, Art 29(1))
Allocation calculations for direct public funding to political parties: Equal No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to seats received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Flat rate by votes received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Other No. Absent from legal framework

Earmarking provisions for direct public funding to political parties

Earmarking provisions for direct public funding to political parties: Campaign spending Yes. Parties should generally use the funds for activities in line with its constitution and for charity. There is a limit on how much money can be transferred from the state subsidy to the electoral fund of the party. “A political party which is in receipt of the subsidy shall remit between 5% and 15% of the subsidy to the Expert Fund.” Article 24: "2.‌ A political party’s assets may only be used for purposes in line with its constitution or for charitable purposes.‌" Article 30: "3.‌ A political party which is in receipt of the subsidy shall remit between 5% and 15% of the subsidy to the Expert Fund.‌" (Law on Political Parties, 1997) (Law on Political Parties, 1997, amended 2015, Art 24(2) & 30(3))
Earmarking provisions for direct public funding to political parties: Ongoing party activities No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Intra-party institution No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Other Yes. activities in line with the party constitution and charity Parties should generally use the funds for activities in line with its constitution and for charity. There is a limit on how much money can be transferred from the state subsidy to the electoral fund of the party. “A political party which is in receipt of the subsidy shall remit between 5% and 15% of the subsidy to the Expert Fund.” Article 24: "2.‌ A political party’s assets may only be used for purposes in line with its constitution or for charitable purposes.‌" Article 30: "3.‌ A political party which is in receipt of the subsidy shall remit between 5% and 15% of the subsidy to the Expert Fund.‌" (Law on Political Parties, 1997) (Law on Political Parties, 1997, amended 2015, Art 24(2) & 30(3))

Allocation criteria for free or subsidized access to media for political parties

Allocation criteria for free or subsidized access to media for political parties: Equal Yes. Art 253.1 "1 Time devoted to the dissemination of election programs, referred to in art. 252 § 2 point 1 shall be divided equally between the eligible electoral committees on the basis of the information provided by the National Electoral Commission on electoral committees, which registered its list of candidates in at least half of the constituencies." (Election Code 2011, Art. 253)
Allocation criteria for free or subsidized access to media for political parties: Number of candidates Yes. Art 253.2 "Time devoted to the dissemination of election programs, referred to in art. 252 § 2 item 2, is divided between eligible electoral committees in proportion to the number of registered lists of candidates, on the basis of the information about the lists, provided by the district electoral commission appropriate to the area covered by the regional program." (Election Code 2011, Art. 254)
Allocation criteria for free or subsidized access to media for political parties: Share of seats No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Other No. Absent from legal framework
Are there provisions for free or subsidized access to media for candidates? Yes. Article 252 § 1 "An election committee has the right to free broadcasting of electoral programs through public radio and television broadcasters: 1) nationwide - if they register their lists of candidates in at least half of the constituencies; 2) regional - if the registered list of candidates in at least one electoral district." § 2 "Total time broadcasting of election shall be: 1) in the national programs - 15 hours in Polish TV, including 3 hours of TV Polonia, and 30 hours of programs, in Polish Radio S.A, and affiliates, hereinafter referred to as "Polish Radio", including up to 5 hours in a program intended for the foreign distribution; 2) in the regional programs - 10 hours in Polish TV and 15 hours on the Polish Radio." Article 253 § 1 "Time devoted to the dissemination of election programs, referred to in art. 252 § 2 point 1 shall be divided equally between the eligible electoral committees on the basis of the information provided by the National Electoral Commission on electoral committees, which registered its list of candidates in at least half of the constituencies." § 2 "Time devoted to the dissemination of election programs, referred to in art. 252 § 2 item 2, is divided between eligible electoral committees in proportion to the number of registered lists of candidates, on the basis of the information about the lists, provided by the district electoral commission appropriate to the area covered by the regional program." (Election Code 2011, Art. 252 & Art. 253)

Are there provisions for any other form of indirect public funding?

Provisions for any other form of indirect public funding: Premises for campaign meetings No. Absent from legal framework
Provisions for any other form of indirect public funding: Space for campaign materials No. Absent from legal framework
Provisions for any other form of indirect public funding: Tax relief No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised postage cost No. Absent from legal framework
Provisions for any other form of indirect public funding: Other No. Absent from legal framework
Is the provision of direct public funding to political parties related to gender equality among candidates? No. Absent from legal framework
Are there provisions for other financial advantages to encourage gender equality in political parties? No. Absent from legal framework

Regulations on spending 

Is there a ban on vote buying? Yes. Art. 497.3 "Whomever gives or receives financial or personal benefit in exchange for collecting or signing the declaration a list of candidates or candidate - is subject to a fine from 10,000 to 50,000 zlotys." (Election Code, 2011. Art. 497)
Are there bans on state resources being used in favour or against a political party or candidate? Yes. Article 495 § 1 "Whomever, in connection with the elections: 1) places election posters and slogans on the walls of buildings, public transport stops, apartments, tables and columns boards, fences, lampposts, power equipment, telecommunications and others without the consent of the owner or manager of real estate, facility or equipment, 2) in the process of setting up their own announcement posts for the purpose of electoral campaigning violates the applicable provisions of law enforcement, 3) places election posters and slogans so that they can not be removed without damage, 4) places election posters and slogans with a surface area greater than 2m2, 5) distributes electoral advertisements in public programs or by way of non-public radio or television broadcasters; - is subject to a fine." (Election Code, 2011. Art. 495)
Are there limits on the amount a political party can spend? Yes. Article 199 § 1 "In parliamentary elections, electoral committees must adhere to the following spending limits for election campaigning: 1) the spending limit is determined in the amount of 82 polish groszy per voter in the country included in the register of voters; 2) the spending limit for the committee calculated as follows: Unofficial translation for OSCE/ODIHR. 80 L = (w x k x m) / 460, where the symbols are defined as: L - spending limit, w - the number of voters in the country included in the register of voters k - the amount attributable to each voter in the country included in the register of voters referred to in paragraph 1 m - total number of deputies elected in all the constituencies in which the committee has submitted a list of candidates. § 2 National Electoral Commission, within 14 days of ordering of the election to the Sejm, shall make an announcement in the Official Journal of the Polish Republic, "Polish Monitor" and publish the information the Public Information Bulletin on the number of voters included in voter registries across the country current for the end of the quarter ending on the day before preceding the date of announcement of elections to the Sejm. " (Election Code, Art. 199)
Are there limits on the amount a candidate can spend? Yes. Limits for election committees apply to candidates. Limit depends on the number of seats and registered voters in each district. (Election Code, Art. 199)

Reporting, oversight and sanctions 

Reporting standards

Do political parties have to report regularly on their finances? Yes. annually - Article 38: "1.‌ A political party shall submit to the State Electoral Commission, by 31 March of each year at the latest, a report on the sources of raised funds, including bank loans and terms on which these were obtained and on spending out of the Election Fund in the previous calendar year, hereinafter referred to as the "report".‌" (Law on Political Parties, 1997, amended 2015, Art 38(1))
Do political parties have to report on their finances in relation to election campaigns? Yes. § 1 Within 3 months from the date of the election, the financial representative shall submit to the competent electoral body, to which the elections committee submitted its notification of establishment, a report on revenues, expenditures and financial commitments of the committee, including bank loans and the basis on which they were obtained hereinafter referred to as "financial report." (Art 142(1) Election Code 2011)
Do candidates have to report on their campaign finances? Yes. The financial agents of the election committees has to submit an elecion report after the elections. § 1 Within 3 months from the date of the election, the financial representative shall submit to the competent electoral body, to which the elections committee submitted its notification of establishment, a report on revenues, expenditures and financial commitments of the committee, including bank loans and the basis on which they were obtained hereinafter referred to as "financial report." (Art 142(1) Election Code 2011)
Is information in reports from political parties and/​or candidates to be made public? Yes. 4. The report together with the opinion and the report referred to in paragraph 3 shall be published by the State Electoral Commission in the Official Journal of the Republic of Poland "Monitor Polski" within 14 days of the date of filing thereof with the State Electoral Commission. (Law on Political Parties, 1997, amended 2015, Art 38(4))
Must reports from political parties and/​or candidates reveal the identity of donors? Yes. Donations exceeding one minimum wage must be recorded including name and address of donor. § 1 The Committee is obliged to keep records of: 2) payment from one individual of a value exceeding the amount of the minimum wage, defined under the Act of 10 October 2002 on the minimum wage, as applicable on the day preceding the announcement of the date of elections, indicating the name, surname and place of residence of such person. (Art 140(1)(2) Election Code 2011)
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board Yes. 1. A political party shall submit to the State Electoral Commission, by 31 March of each year at the latest, a report (Law on Political Parties, 1997, amended 2015, Art 38(1))
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Ministry No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Special institution No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Court No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Other No. Absent from legal framework

Political finance oversight

Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Ministry No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Auditing agency No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body Yes. 1. Within 4 months of the date of filing of the statement, the State Electoral Commission shall: 1) approve the statement without qualifications, 2) approve the statement, indicating shortcomings, 3) reject the statement. (Law on Political Parties, 1997, amended 2015, Art 34a(1))
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Other No. Absent from legal framework
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court Yes. Auditors are responsible for the validating the repots, the minister responsible for public financing has to specify the specimen of the report, and the parties have the right to lodge to the Supreme Court against the decision of the Commission - according to the law on political parties.The National Election Commission can ask for assistance from public authorities. 1. In the event that the State Electoral Commission rejects the statement, a political party shall have the right to lodge, within 7 days of the date of delivery of the decision about rejection of the statement, a complaint with the Supreme Court against the State Electoral Commission's decision rejecting the statement. (Law on Political Parties, 1997, amended 2015, Art 34b)
Institutions with a formal role in political finance oversight: Ministry Yes. Auditors are responsible for the validating the repots, the minister responsible for public financing has to specify the specimen of the report, and the parties have the right to lodge to the Supreme Court against the decision of the Commission - according to the law on political parties.The National Election Commission can ask for assistance from public authorities. 4. When examining the statement, the State Electoral Commission may demand necessary assistance from public authorities. (Law on Political Parties, 1997, amended 2015, Art 34a(4))
Institutions with a formal role in political finance oversight: Auditing agency Yes. Auditors are responsible for the validating the repots, the minister responsible for public financing has to specify the specimen of the report, and the parties have the right to lodge to the Supreme Court against the decision of the Commission - according to the law on political parties.The National Election Commission can ask for assistance from public authorities. 4. The statement shall be filed together with the appended opinion and report of the registered auditor appointed by the State Electoral Commission. Costs of preparing the opinion and the report shall be covered by the National Electoral Office. (Law on Political Parties, 1997, amended 2015, Art 34(4))
Institutions with a formal role in political finance oversight: EMB No. Absent from legal framework
Institutions with a formal role in political finance oversight: Institution for this purpose No. Absent from legal framework
Institutions with a formal role in political finance oversight: Other Yes. Auditors are responsible for the validating the repots, the minister responsible for public financing has to specify the specimen of the report, and the parties have the right to lodge to the Supreme Court against the decision of the Commission - according to the law on political parties.The National Election Commission can ask for assistance from public authorities. 3. The minister responsible for public finances, having consulted the State Electoral Commission, shall specify, by way of a regulation, the specimen of the statement together with necessary guidance as to the manner of preparing same as well as the scope of data contained therein, such as to allow, in particular, reliable verification of data on the use of subsidy proceeds, including proceeds of the Expert Fund. (Law on Political Parties, 1997, amended 2015, Art 34(3))
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines Yes. A person who 3) donates to a political party or receives on behalf of a political party funds or non-monetary contributions in contravention of the provisions of Article 25, shall be subject to a fine of from PLN 1000 to PLN 100 000. Other fines specified in the provisions following. (Law on Political Parties, 1997, amended 2015, Art 49c & Chapter 6a generally.)
Sanctions for political finance infractions: Loss of public funding Yes. 1. A political party shall forfeit its entitlement to receive the subsidy for a year, if: 1) it fails to file the statement by the deadline specified in Article 34 (2) or 2) the statement is rejected by the State Electoral Commission or 3) the Supreme Court dismisses the complaint referred to in Article 34b (1). (Law on Political Parties, 1997, amended 2015, Art 34c(1))
Sanctions for political finance infractions: Penal/Criminal Yes. A person who fails to fulfil or prevents the fulfilment of the obligation to prepare and submit the statement referred to in Article 34 (1) or provides untrue data therein, shall be subject to a fine, a penalty of restriction of liberty or imprisonment of a maximum of 2 years. (Law on Political Parties, 1997, amended 2015, Art 49d)
Sanctions for political finance infractions: Forfeiture Yes. 1. A political party shall forfeit its entitlement to receive the subsidy for a year, if: 1) it fails to file the statement by the deadline specified in Article 34 (2) or 2) the statement is rejected by the State Electoral Commission or 3) the Supreme Court dismisses the complaint referred to in Article 34b (1). (Law on Political Parties, 1997, amended 2015, Art 34c(1))
Sanctions for political finance infractions: Deregistration of party No. Absent from legal framework
Sanctions for political finance infractions: Loss of elected office No. Absent from legal framework
Sanctions for political finance infractions: Suspension of political party No. Absent from legal framework
Sanctions for political finance infractions: Loss of nomination of candidate No. Absent from legal framework
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework
Sanctions for political finance infractions: Other No. Absent from legal framework

Qualitative data for 2016


Legislation

Law on Political Parties, 1997, amended 2015 (Polish)pdf
Election Code 2011missing file:

Financial Disclosure

The Polish Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997) apply to the Head of State, Ministers, and Civil Servants. The Head of State and Civil Servants must disclose real estate, movable assets, cash, the property of or shares held in private or public companies, and any positions held in enterprises. The spouse’s assets must be included. Under the same law, Ministers are subject the disclosure of gifts and of positions held in private firms or administration. Meanwhile, the Act on Deputies and Senators (1996) obliges Members of Parliament to disclose real estate, movable assets, debts, income received from outside employment, gifts, and property of or shares held in private and public enterprises.

While the Head of State and Civil Servants make declarations annually, MPs must also update their financial statements ad hoc. Ministers only make declarations ad hoc. The Head of State and Civil Servants face disciplinary sanctions in case of non-filling. MPs are not paid their salary in case of late-filling. The Head of State, MPs, and Civil Servants face possible imprisonment for making false disclosure statements. No sanctions are specified for Ministers. Ministers and MPs make their declarations with the Registry of Benefits, the Head of State with the Supreme Court, and Civil Servants with their government unit. The Central Anticorruption Bureau is responsible for enforcing sanctions amongst Head of State, MPs, and Civil Servants. Only statements by Ministers and MPs are made publicly available.


Quantitative Data

Primary Metric

201220152016Trend
Disclosure items654848
Filing frequency626969
Sanctions505050
Monitoring and Oversight818181
Public access to declarations313838

Alternative Metric

201220152016Trend
Head of State616161
Ministers242727
Members of Parliament857979
Civil servants616161

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure Yes. The Head of State, MPs, and civil servants are obligated to disclose joint property. Ministers and MPs must submit information on the financial interests and benefits of spouses in a Register of Benefits. The president, prime minister, speaker of the parliament and speaker of the senate must submit a declaration about any ongoing or planned commercial activities of their spouses. (Article 8, 10 of the the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Income and Assets
Real estate Yes. The declaration should include information on any money, property or shares in commercial companies held as well as property acquired by that person or their spouse from the State Treasury, other state legal person, commune or inter-commune association which was sold by tender. The declaration should also include data concerning the conduction of commercial activity and the fulfilling of a function in companies or cooperatives. (Article 10 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Movable assets Yes. The declaration should include information on any money, property or shares in commercial companies held as well as property acquired by that person or their spouse from the State Treasury, other state legal person, commune or inter-commune association which was sold by tender. The declaration should also include data concerning the conduction of commercial activity and the fulfilling of a function in companies or cooperatives. (Article 10 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Cash Yes. The declaration should include information on any money, property or shares in commercial companies held as well as property acquired by that person or their spouse from the State Treasury, other state legal person, commune or inter-commune association which was sold by tender. The declaration should also include data concerning the conduction of commercial activity and the fulfilling of a function in companies or cooperatives. (Article 10 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets No. Absent from legal framework.
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. The declaration should include information on any money, property or shares in commercial companies held as well as property acquired by that person or their spouse from the State Treasury, other state legal person, commune or inter-commune association which was sold by tender. The declaration should also include data concerning the conduction of commercial activity and the fulfilling of a function in companies or cooperatives. (Article 10 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Ownership of state-owned enterprises (SOEs) Yes. The declaration should include information on any money, property or shares in commercial companies held as well as property acquired by that person or their spouse from the State Treasury, other state legal person, commune or inter-commune association which was sold by tender. The declaration should also include data concerning the conduction of commercial activity and the fulfilling of a function in companies or cooperatives. (Article 10 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. The declaration should include information on any money, property or shares in commercial companies held as well as property acquired by that person or their spouse from the State Treasury, other state legal person, commune or inter-commune association which was sold by tender. The declaration should also include data concerning the conduction of commercial activity and the fulfilling of a function in companies or cooperatives. (Article 10 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. A property declaration is filed before taking office, annually thereafter, and on the day of discharge from office. (Article 10 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Filing required upon leaving office Yes. A property declaration is filed before taking office, annually thereafter, and on the day of discharge from office. (Article 10 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Filing required annually Yes. A property declaration is filed before taking office, annually thereafter, and on the day of discharge from office. (Article 10 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Non- filing of the declaration results in disciplinary sanctions. (Article 13 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. If the person obliged to submit the declaration (asset declaration and declaration about the activity of the spouse), submits false information, he/she will be subject to imprisonment up to 5 years. In cases of lesser importance a person committing the act shall be liable to a fine, penalty of restricted liberty or deprivation of liberty of up to one year. (Article 14 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))

Monitoring and Oversight

Depository body explicitly identified Yes. The depository body is the First President of the Supreme Court. (Article 10 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Enforcement body explicitly identified Yes. The enforcement body is the Central Anticorruption Bureau. (Article 2 of the Central Anti-Corruption Bureau Act (2006, last amended 2014))
Some agency assigned responsibility for verifying submission Yes. The Central Anticorruption Bureau is responsible for submission verification and content verification. (Article 2 of the Central Anti-Corruption Bureau Act (2006, last amended 2014))
Some agency assigned responsibility for verifying accuracy Yes. The Central Anticorruption Bureau is responsible for submission verification and content verification. (Article 2 of the Central Anti-Corruption Bureau Act (2006, last amended 2014))

Public access to declarations

Public availability No. Information contained in asset declarations is confidential and is not publicly available. The information can be disclosed either upon consent of a submitting person, or in exceptional cases which are not specified in law. (Article 10 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Timing of information release specified No. Information contained in asset declarations is confidential and is not publicly available. (Article 10 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Location(s) of access specified No. Information contained in asset declarations is confidential and is not publicly available. (Article 10 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Cost of access specified No. Information contained in asset declarations is confidential and is not publicly available. (Article 10 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))

Ministers

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate No. Absent from legal framework.
Movable assets No. Absent from legal framework.
Cash No. Absent from legal framework.
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets No. Absent from legal framework.
Incompatibilities
Gifts received as a public official Yes. The declaration of interests/benefits should include information on the facts relating to the material support of the public activity conducted by the person submitting the information; information on donations received from domestic or foreign entities if the value of such a donation exceeds 50% of the lowest wage applicable for employees, as mentioned in Art. 6 item 3; information on domestic or foreign travel relating to the public function held, if the cost of such travel was not covered by the person submitting the information, their spouse, the institution employing them or a political party, association or foundation of which they are a member; other benefits obtained having a value exceeding that as indicated in point 3 not relating to the posts held or the work performed as described in point 1; (Article 12 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. The declaration of interests/benefits should include information on any participation in the authorities of foundations - commercial companies or cooperatives should also be entered into the Register even if no monetary benefit is collected. (Article 12 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. The declaration of interests/benefits should include information on all posts and tasks performed both in public administration as well as in private institutions, for which remuneration is collected including self-employment. (Article 12 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office No. Absent from legal framework.
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest Yes. Changes to the information submitted with the Registry of Benefits must be notified within 30 days of their occurrence. (Article 12 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified Yes. Members of the Cabinet must submit a declaration for the Registry of Benefits with the State Elections Committee. (Article 12 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability Yes. The Registry of Benefits is open to the public and published once a year. (Article 12 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Timing of information release specified Yes. The State Elections Committee, in a separate publication, makes public the information contained therein. (Article 12 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Location(s) of access specified Yes. 0
Cost of access specified No. Absent from legal framework.

Members of Parliament

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate Yes. The declaration should include information on cash resources, real estate, participation in civil partnerships or in commercial partnerships, stocks and shares in commercial companies, on property acquired from the State Treasury, another state legal person, local government units, their associations or a municipal legal person, that had been sold by tendering, as well as on conducted commercial activity and posts held in commercial companies (Article 35 of the Act on Deputies and Senators (1996, amended 2015))
Movable assets Yes. The declaration should include movable assets worth more than PLN 10,000 (Article 35 of the Act on Deputies and Senators (1996, amended 2015))
Cash Yes. The declaration should include information on cash resources, real estate, participation in civil partnerships or in commercial partnerships, stocks and shares in commercial companies, on property acquired from the State Treasury, another state legal person, local government units, their associations or a municipal legal person, that had been sold by tendering, as well as on conducted commercial activity and posts held in commercial companies (Article 35 of the Act on Deputies and Senators (1996, amended 2015))
Loans and Debts Yes. The declaration should include cash debts worth more than PLN 10,000, including drawn credits and loans and the terms under which they have been granted (Article 35 of the Act on Deputies and Senators (1996, amended 2015))
Income from outside employment/assets Yes. The declaration should include income acquired from employment or other wage-earning activity, with indication of the amounts acquired from each type (Article 35 of the Act on Deputies and Senators (1996, amended 2015))
Incompatibilities
Gifts received as a public official Yes. The declaration of interests/benefits should include information on facts of financial support for public activity conducted by the reporting person; donation received from domestic or foreign entities, if its value exceeds 50% of the lowest remuneration of employees for work, in effect in December of the preceding year, specified by the Minister of Labor and Social Policy pursuant to the Labor Code; travel at home or abroad not associated with the performed public function, if its cost has not been covered by the reporting person or his spouse or institutions employing them or political parties, associations or foundations they are members of; other acquired interests worth more than indicated in subpara. 3, not associated with holding posts or performing activities or professional work, referred to in subpara. 1; (Article 35a of the Act on Deputies and Senators (1996, amended 2015))
Private firm ownership and/or stock holdings Yes. The declaration should include information on cash resources, real estate, participation in civil partnerships or in commercial partnerships, stocks and shares in commercial companies, on property acquired from the State Treasury, another state legal person, local government units, their associations or a municipal legal person, that had been sold by tendering, as well as on conducted commercial activity and posts held in commercial companies (Article 35 of the Act on Deputies and Senators (1996, amended 2015))
Ownership of state-owned enterprises (SOEs) Yes. The declaration should include information on cash resources, real estate, participation in civil partnerships or in commercial partnerships, stocks and shares in commercial companies, on property acquired from the State Treasury, another state legal person, local government units, their associations or a municipal legal person, that had been sold by tendering, as well as on conducted commercial activity and posts held in commercial companies (Article 35 of the Act on Deputies and Senators (1996, amended 2015))
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. The declaration should include information on cash resources, real estate, participation in civil partnerships or in commercial partnerships, stocks and shares in commercial companies, on property acquired from the State Treasury, another state legal person, local government units, their associations or a municipal legal person, that had been sold by tendering, as well as on conducted commercial activity and posts held in commercial companies (Article 35 of the Act on Deputies and Senators (1996, amended 2015))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. The declaration of interests/benefits should include information on all posts and activities performed in public administration as well as in private institutions, from which remuneration is collected, and professional work performed on one’s own account. (Article 35a of the Act on Deputies and Senators (1996, amended 2015))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. A property declaration is filed before taking office, annually thereafter, and on the day of discharge from office. (Article 35 of the Act on Deputies and Senators (1996, amended 2015))
Filing required upon leaving office Yes. A property declaration is filed before taking office, annually thereafter, and on the day of discharge from office. (Article 35 of the Act on Deputies and Senators (1996, amended 2015))
Filing required annually Yes. A property declaration is filed before taking office, annually thereafter, and on the day of discharge from office. (Article 35 of the Act on Deputies and Senators (1996, amended 2015))
Ad hoc filing required upon change in assets or conflicts of interest Yes. MPs are obliged to inform the Speaker of Sejm, or Speaker of the Senate, about his intention to take additional activities, with the exception of activities subject to copyright and related laws. All data filed with the Registry of Benefits that is subject to change should be reported to the Registry no later than 30 days from the date of their occurrence. (Articles 33, 35a of the Act on Deputies and Senators (1996, amended 2015))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. In the case of late filing, MPs are not paid their salary. (Article 35(8) of the Act on Deputies and Senators (1996, amended 2015))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Providing false information or nondislosing information in the declaration of benefits results in criminal liability under Article 233 of the Penal Code, specifically imprisonment. For breaching the rules of ethics, Deputies shall be liable according to the internal procedural rules of Sejm. (Article 35 of the Act on Deputies and Senators (1996, amended 2015) Article 233 of the Penal Code, amended 2015 Article 8 of the Principles of Conduct for Deputies (1998))

Monitoring and Oversight

Depository body explicitly identified Yes. The depository bodies are Speaker of Sejm for deputies, and Speaker of Senate for senators for property declarations and declarations of interest for the Registry of Benefits. (Article 35a of the Act on Deputies and Senators (1996, amended 2015))
Enforcement body explicitly identified Yes. Speaker of Sejm for deputies, and Speaker of Senate for senators. (Article 35a of the Act on Deputies and Senators (1996, amended 2015))
Some agency assigned responsibility for verifying submission Yes. Speaker of the Sejm for deputies and Speaker of the Senate are responsible for submission verification. (Article 35a of the Act on Deputies and Senators (1996, amended 2015))
Some agency assigned responsibility for verifying accuracy Yes. Central Anticorruption Bureau is responsible for content verification. (Article 35a of the Act on Deputies and Senators (1996, amended 2015))

Public access to declarations

Public availability Yes. Information contained in asset declarations and Registry of Benefits is open to the public. (Article 35a of the Act on Deputies and Senators (1996, amended 2015))
Timing of information release specified Yes. Once a year, Speakers of the Sejm and Senate shall make the data included in it publicly known, in a separate publication. (Article 35a of the Act on Deputies and Senators (1996, amended 2015))
Location(s) of access specified Yes. 0
Cost of access specified No. Absent from legal framework.

Civil servants

Disclosure items

Spouses and children included in disclosure Yes. The declaration should include information on any money, property or shares in commercial companies held as well as property acquired by that person or their spouse from the State Treasury, other state legal person, commune or inter-commune association which was sold by tender. (Article 10 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Income and Assets
Real estate Yes. The declaration should include information on any money, property or shares in commercial companies held as well as property acquired by that person or their spouse from the State Treasury, other state legal person, commune or inter-commune association which was sold by tender. The declaration should also include data concerning the conduction of commercial activity and the fulfilling of a function in companies or cooperatives. (Article 10 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Movable assets Yes. The declaration should include information on any money, property or shares in commercial companies held as well as property acquired by that person or their spouse from the State Treasury, other state legal person, commune or inter-commune association which was sold by tender. The declaration should also include data concerning the conduction of commercial activity and the fulfilling of a function in companies or cooperatives. (Article 10 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Cash Yes. The declaration should include information on any money, property or shares in commercial companies held as well as property acquired by that person or their spouse from the State Treasury, other state legal person, commune or inter-commune association which was sold by tender. The declaration should also include data concerning the conduction of commercial activity and the fulfilling of a function in companies or cooperatives. (Article 10 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets No. Absent from legal framework.
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. The declaration should include information on any money, property or shares in commercial companies held as well as property acquired by that person or their spouse from the State Treasury, other state legal person, commune or inter-commune association which was sold by tender. The declaration should also include data concerning the conduction of commercial activity and the fulfilling of a function in companies or cooperatives. (Article 10 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Ownership of state-owned enterprises (SOEs) Yes. The declaration should include information on any money, property or shares in commercial companies held as well as property acquired by that person or their spouse from the State Treasury, other state legal person, commune or inter-commune association which was sold by tender. The declaration should also include data concerning the conduction of commercial activity and the fulfilling of a function in companies or cooperatives. (Article 10 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. The declaration should include information on any money, property or shares in commercial companies held as well as property acquired by that person or their spouse from the State Treasury, other state legal person, commune or inter-commune association which was sold by tender. The declaration should also include data concerning the conduction of commercial activity and the fulfilling of a function in companies or cooperatives. (Article 10 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. A property declaration is filed before taking office, annually thereafter, and on the day of discharge from office. (Article 10 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Filing required upon leaving office Yes. A property declaration is filed before taking office, annually thereafter, and on the day of discharge from office. (Article 10 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Filing required annually Yes. A property declaration is filed before taking office, annually thereafter, and on the day of discharge from office. (Article 10 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Non- filing of the declaration results in disciplinary sanctions. (Article 13 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. If the person obliged to submit the declaration (asset declaration and declaration about the activity of the spouse), submits false information, he/she will be subject to imprisonment up to 5 years. In cases of lesser importance a person committing the act shall be liable to a fine, penalty of restricted liberty or deprivation of liberty of up to one year. (Article 14 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))

Monitoring and Oversight

Depository body explicitly identified Yes. The declaration is filed with the head of the government Unit. (Article 10 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Enforcement body explicitly identified Yes. The enforcement body is the Central Anticorruption Bureau. (Article 10 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Some agency assigned responsibility for verifying submission Yes. The Central Anticorruption Bureau is responsible for submission verification and content verification. (Article 2 of the Central Anti-Corruption Bureau Act (2006, last amended 2014))
Some agency assigned responsibility for verifying accuracy Yes. The Central Anticorruption Bureau is responsible for submission verification and content verification. (Article 2 of the Central Anti-Corruption Bureau Act (2006, last amended 2014))

Public access to declarations

Public availability No. Information contained in asset declarations is confidential and is not publicly available. The information can be disclosed either upon consent of a submitting person, or in exceptional cases which are not specified in law. (Article 10 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Timing of information release specified No. Information contained in asset declarations is confidential and is not publicly available. (Article 10 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Location(s) of access specified No. Information contained in asset declarations is confidential and is not publicly available. (Article 10 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))
Cost of access specified No. Information contained in asset declarations is confidential and is not publicly available. (Article 10 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2015))

Qualitative data for 2016


Legislation

Act on Deputies and Senators, 1996, amended 2015 (Polish)pdf
Act on the Central Anti-Corruption Bureau, 2006, amended 2014 (English)pdf
Act on the Limitations on Conducting Business Activity by Persons Performing Public Functions, 1997, amended 2015 (Polish)pdf
Penal Code (English)pdf
Principles of Conduct for Deputies, 1998 (Polish)pdf

Conflict of Interest

The Polish Law on limitation of economic activity by persons performing public functions (1997, last amended in 2009) sets down that the Head of State, Ministers, Members of Parliament, and Civil Servants may not hold managerial or supervisory functions, hold over 10% of shares in public or private companies, or hold government contracts. Additionally, MPs may not accept gifts and the Principles of Deputies' Ethics (1998) prevents them from participating in decision-making where they have a private interest. Beyond this, the Guidelines for compliance with the rules of the civil service and on the ethics body civil service (2011) and the Act on Employees of State Offices (1982, last amended in 2013) include a general clause for Civil Servants to alleviate all conflicts of interests. They are also not allowed to accept gifts. Polish law makes no regulations as to post-employment of public officials. 

In case of violations the Constitution (1997, last amended 2009) foresees a loss of mandate for Ministers and MPs. This also applies to the Head of State should the National Assembly vote in favor of removal with a two-thirds-majority. If Civil Servants violate restrictions on conflicts of interests, they face penalties ranging from reprimand to a removal from office. All the while, no monitoring or enforcement bodies exist for the Head of State and Ministers. The Rules and Deputies’ Affairs Committee functions as enforcement body for MPs. The Disciplinary Commission is tasked with this function for Civil Servants. 


Quantitative Data

Primary Metric

201220152016Trend
Restrictions685757
Sanctions172525
Monitoring and Oversight02525

Alternative Metric

201220152016Trend
Head of State202828
Ministers201717
Members of Parliament385151
Civil servants344848

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. President and Vice-Presidents during their positions may not: 1) be members of management boards, supervisory boards or audit committees of companies commercial law; 2) be employed or perform other activities in commercial companies, hich could give rise to suspicion of their bias or selfinterest; 3) be members of management boards, supervisory boards or audit committees cooperative, with the exception of the supervisory boards of housing cooperatives; 4) be members of boards of foundations conducting business activities; 5) hold in commercial companies more than 10% of the shares or shares representing more than 10% of share capital in each of these companies; 6) conduct business on their own account or jointly with others people, as well as manage those activities or be a representative or attorney in conducting such activities; does not apply to business productive in agriculture in terms of plant and animal production, in the form and range family farm. (Article 2-3 of the Law on limitation of economic activity by persons performing public functions (1997, last amended in 2015))
Ownership of state-owned enterprises (SOEs) Yes. President and Vice-Presidents during their positions may not: 1) be members of management boards, supervisory boards or audit committees of companies commercial law; 2) be employed or perform other activities in commercial companies, hich could give rise to suspicion of their bias or selfinterest; 3) be members of management boards, supervisory boards or audit committees cooperative, with the exception of the supervisory boards of housing cooperatives; 4) be members of boards of foundations conducting business activities; 5) hold in commercial companies more than 10% of the shares or shares representing more than 10% of share capital in each of these companies; 6) conduct business on their own account or jointly with others people, as well as manage those activities or be a representative or attorney in conducting such activities; does not apply to business productive in agriculture in terms of plant and animal production, in the form and range family farm. (Article 2-3 of the Law on limitation of economic activity by persons performing public functions (1997, last amended in 2015))
Holding government contracts Yes. President and Vice-Presidents during their positions may not: 1) be members of management boards, supervisory boards or audit committees of companies commercial law; 2) be employed or perform other activities in commercial companies, hich could give rise to suspicion of their bias or selfinterest; 3) be members of management boards, supervisory boards or audit committees cooperative, with the exception of the supervisory boards of housing cooperatives; 4) be members of boards of foundations conducting business activities; 5) hold in commercial companies more than 10% of the shares or shares representing more than 10% of share capital in each of these companies; 6) conduct business on their own account or jointly with others people, as well as manage those activities or be a representative or attorney in conducting such activities; does not apply to business productive in agriculture in terms of plant and animal production, in the form and range family farm. (Article 2-3 of the Law on limitation of economic activity by persons performing public functions (1997, last amended in 2015))
Board member, advisor, or company officer of private firm Yes. Art. 2. The Act also lays down restrictions on doing business business by: 1) employees of government offices, including service corps members Civil, holding managerial positions: a) the Director-General, Head of Department (equivalent unit) and his deputy and the head of department (equivalent unit) – in offices supreme and central state bodies, b) The Director General of the office of the provincial, director of the department (Equivalent unit) and his deputy and chief accountant, the head of the district and its zastępcy1) and the main accountant - in the offices of local organs of government administration overall, c) the head office and his deputy - in the offices of local organsspecial government administration; 2) employees of government offices, including service corps members Civil, holding positions equivalent in terms of salary from the positions mentioned in point 1; 2a) other than those referred to in paragraphs 1 and 2 of the civil service corps members employed in the office of the minister responsible for matters public finance; 3) The Director General of the Supreme Chamber of Control and the employees Supreme Chamber of Control supervising or performing control; 3a) President and Vice-Presidents and senior advisers and advisers Attorney General The Treasury; 3b) Chairman and Deputy Chairman of the Supervisory Committee Financial; 4) employees of regional accounting chambers holding posts: President, member of the college, head of department and officer control; 5) local government employees dealing appeal boards positions: chairman, his deputy and a staff member college; 6) The heads of municipalities (mayors), the deputy village mayors (mayors, mayors), treasurers of municipalities, secretaries of municipalities, heads organizational units of the municipality, members of management and members of the managing municipal legal persons and other persons issuing Administrative decisions on behalf of the mayor (mayor, city president); 6a) members of the boards of counties, districts treasurers, secretaries counties, heads of organizational units of the county, managers and members of the county governing bodies and other legal persons the person issuing administrative decisions on behalf of the local authorities; 6b) board members provinces, provinces treasurers, secretaries provinces, heads of provincial local government units organizational, managerial and members of management provincial legal persons and other persons issuing decisions Administration on behalf of the province marshal; 7) The state-owned bank employees holding positions: President, vice-president, board member and treasurer; 8) The state-owned enterprise employees holding positions: company director, his deputy and chief accountant; 9) employees one-person companies of the Treasury and the companies in which the share of the Treasury exceeds 50% of the share capital or 50% of the action, holding positions: president, vice president and member of the board; 10) The state agency employees holding positions: President, vice president, director of the team, the director of the territorial branch and his deputy - Or equivalent position; 11) other persons performing public functions, if a particular law so provides. (Article 2 of the Law on limitation of economic activity by persons performing public functions)
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. The President of the Republic shall hold Noother offices nor discharge any public functions, with the exception of those that are associated with duties of his office. (Article 132 of the Constitution (1997, last amended 2009))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. The President of the Republic for violation of the Constitution or statute, or for commission of an offense may be held accountable before the Tribunal of State. Placing President of the Republic may be indicted by resolution of the National Assembly, passed by a majority of at least 2/3 of the votes of the statutory number of members of the National Assembly at the request of at least 140 members of the National Assembly. (Article 145 of the Constitution (1997, last amended 2009))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Ministers

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. The ministers during their positions may not: 1) be members of management boards, supervisory boards or audit committees of companies commercial law; 2) be employed or perform other activities in commercial companies, hich could give rise to suspicion of their bias or selfinterest; 3) be members of management boards, supervisory boards or audit committees cooperative, with the exception of the supervisory boards of housing cooperatives; 4) be members of boards of foundations conducting business activities; 5) hold in commercial companies more than 10% of the shares or shares representing more than 10% of share capital in each of these companies; 6) conduct business on their own account or jointly with others people, as well as manage those activities or be a representative or attorney in conducting such activities; does not apply to business productive in agriculture in terms of plant and animal production, in the form and range family farm. (Article 2-3 of the Law on limitation of economic activity by persons performing public functions (1997, last amended in 2015))
Ownership of state-owned enterprises (SOEs) Yes. The ministers during their positions may not: 1) be members of management boards, supervisory boards or audit committees of companies commercial law; 2) be employed or perform other activities in commercial companies, hich could give rise to suspicion of their bias or selfinterest; 3) be members of management boards, supervisory boards or audit committees cooperative, with the exception of the supervisory boards of housing cooperatives; 4) be members of boards of foundations conducting business activities; 5) hold in commercial companies more than 10% of the shares or shares representing more than 10% of share capital in each of these companies; 6) conduct business on their own account or jointly with others people, as well as manage those activities or be a representative or attorney in conducting such activities; does not apply to business productive in agriculture in terms of plant and animal production, in the form and range family farm. (Article 2-3 of the Law on limitation of economic activity by persons performing public functions (1997, last amended in 2015))
Holding government contracts Yes. The ministers during their positions may not: 1) be members of management boards, supervisory boards or audit committees of companies commercial law; 2) be employed or perform other activities in commercial companies, hich could give rise to suspicion of their bias or selfinterest; 3) be members of management boards, supervisory boards or audit committees cooperative, with the exception of the supervisory boards of housing cooperatives; 4) be members of boards of foundations conducting business activities; 5) hold in commercial companies more than 10% of the shares or shares representing more than 10% of share capital in each of these companies; 6) conduct business on their own account or jointly with others people, as well as manage those activities or be a representative or attorney in conducting such activities; does not apply to business productive in agriculture in terms of plant and animal production, in the form and range family farm. (Article 2-3 of the Law on limitation of economic activity by persons performing public functions (1997, last amended in 2009))
Board member, advisor, or company officer of private firm Yes. The ministers during their positions may not: 1) be members of management boards, supervisory boards or audit committees of companies commercial law; 2) be employed or perform other activities in commercial companies, hich could give rise to suspicion of their bias or selfinterest; 3) be members of management boards, supervisory boards or audit committees cooperative, with the exception of the supervisory boards of housing cooperatives; 4) be members of boards of foundations conducting business activities; 5) hold in commercial companies more than 10% of the shares or shares representing more than 10% of share capital in each of these companies; 6) conduct business on their own account or jointly with others people, as well as manage those activities or be a representative or attorney in conducting such activities; does not apply to business productive in agriculture in terms of plant and animal production, in the form and range family farm. (Article 2-3 of the Law on limitation of economic activity by persons performing public functions (1997, last amended in 2015))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. Member of the Council of Ministers can not perform any activity inconsistent with his public duties. (Article 150 of the Constitution (1997, last amended 2009))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Members of Parliament

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts Yes. Deputies and senators shall not take up additional activities or receive gifts that could undermine the trust of voters in exercising the mandate Who, in connection with the performance of public functions, accepts a material benefit or a personal or a promise, is punishable (Article 33(2) of the Act on Deputies and Senators (1996, last amended 2015) Article 228 of the Penal Code (1997, last amended in 2015))
Private firm ownership and/or stock holdings Yes. The Deputies during their positions may not: 1) be members of management boards, supervisory boards or audit committees of companies commercial law; 2) be employed or perform other activities in commercial companies, hich could give rise to suspicion of their bias or selfinterest; 3) be members of management boards, supervisory boards or audit committees cooperative, with the exception of the supervisory boards of housing cooperatives; 4) be members of boards of foundations conducting business activities; 5) hold in commercial companies more than 10% of the shares or shares representing more than 10% of share capital in each of these companies; 6) conduct business on their own account or jointly with others people, as well as manage those activities or be a representative or attorney in conducting such activities; does not apply to business productive in agriculture in terms of plant and animal production, in the form and range family farm. (Article 2-3 of the Law on limitation of economic activity by persons performing public functions (1997, last amended in 2015))
Ownership of state-owned enterprises (SOEs) Yes. Deputies and senators shall not be members of managerial, supervisory or auditing authorities, or commercial representatives of enterprises with the participation of state or municipal legal persons or enterprises in which such persons participate.Deputies and senators shall not have a packet larger than 10% of the stocks or shares in commercial companies with the participation of state or municipal legal persons or enterprises in which such persons participate. Stocks or shares in excess of this packet should be transferred by the deputy or senator before the first session of the Sejm or Senate, and in the event of there being Notransfer, they shall not take part for the period of exercising the mandate and two years after expiry thereof in exercising the rights vested in him (the right to vote, the right to a dividend, the right to division of assets, the preemptive right). (Article 34(2-4) of the Act on Deputies and Senators (1996, last amended 2015))
Holding government contracts Yes. Deputies and senators shall not be members of managerial, supervisory or auditing authorities, or commercial representatives of enterprises with the participation of state or municipal legal persons or enterprises in which such persons participate.Deputies and senators shall not have a packet larger than 10% of the stocks or shares in commercial companies with the participation of state or municipal legal persons or enterprises in which such persons participate. Stocks or shares in excess of this packet should be transferred by the deputy or senator before the first session of the Sejm or Senate, and in the event of there being Notransfer, they shall not take part for the period of exercising the mandate and two years after expiry thereof in exercising the rights vested in him (the right to vote, the right to a dividend, the right to division of assets, the preemptive right). (Article 34(2-4) of the Act on Deputies and Senators (1996, last amended 2015))
Board member, advisor, or company officer of private firm Yes. The Deputies during their positions may not: 1) be members of management boards, supervisory boards or audit committees of companies commercial law; 2) be employed or perform other activities in commercial companies, hich could give rise to suspicion of their bias or selfinterest; 3) be members of management boards, supervisory boards or audit committees cooperative, with the exception of the supervisory boards of housing cooperatives; 4) be members of boards of foundations conducting business activities; 5) hold in commercial companies more than 10% of the shares or shares representing more than 10% of share capital in each of these companies; 6) conduct business on their own account or jointly with others people, as well as manage those activities or be a representative or attorney in conducting such activities; does not apply to business productive in agriculture in terms of plant and animal production, in the form and range family farm. (Article 2-3 of the Law on limitation of economic activity by persons performing public functions (1997, last amended in 2015))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. The mandate of a deputy is incompatible with the office of the President of the National Polish Bank, President of the Supreme Chamber of Control, the Ombudsman Citizens, the Ombudsman for Children and their deputies, a member of the Policy Monetary, member of the National Council of Radio Broadcasting and Television, ambassador, or with employment in the Chancellery of the Sejm, the Senate Chancellery, Office of the President Republic, or with employment in government administration. This prohibition does not It applies to members of the Council of Ministers and secretaries of state in government administration. In the period of exercising their mandate, deputies and senators may not perform work under an employment relationship: in the Chancellery of the Sejm, in the Chancellery of the Senate, in the Chancellery of the President of the Republic of Poland, in the Office of the Constitutional Tribunal, in the Supreme Chamber of Control, in the Office of the Commissioner for Civil Rights Protection, in the Office of the Commissioner for Children’s Rights, in the Office of the National Broadcasting Council, in the National Electoral Office, in the National Labor Inspectorate, in central and local government administration – with the exception of the employment relationship from election – and shall not be allowed to perform work as judge or public prosecutor, administrative employee of a court or public prosecutor’s office, and shall not perform professional military service. (Article 102-103 of the Constitution (1997, last amended 2009) Article 30(1) of the Act on Deputies and Senators (1996, last amended 2015))
Participating in official decision-making processes that affect private interests Yes. Member should be guided by the public interest. It should not take advantage of its functions in order to obtain benefits for themselves and those close to and receive benefits that could affect his activity as a Member. (Principle of selflessness). When making decisions, Members Should disclose the relationship personal interest in taking the decision in which they participate (Article 3-4 of the Principles of Deputies' Ethics (1998))
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. The combination of the mandate of deputy or senator and function or employment results in termination of the mandate after one month from the date of entry into force of the Constitution, unless the deputy or senator earlier surrenders function or termination of employment. (Article 241(4) of the Constitution (1997, last amended 2009))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) Yes. Rules and Deputies’ Affairs Committee presents to the Presidium a report including a non-binding opinion on the case and possibly a draft resolution to reproach, admonish or reprimand the deputy concerned, or a request to discontinue proceedings in respect of the charges. The Commission, after examining the case and the finding of infringement by a Member of the "Principles of Deputies' Ethics", may by resolution, reproach, admonish or reprimand the deputy parliamentarians must resign from specified positions or functions in enterprises in which the state or municipal legal persons hold an interest. If they do not resign, the positions or functions are lost by virtue of law after three months from the day of taking the oath. (Article 147 of the Terms of the Parliament Article 34(3) of the Act on Deputies and Senators (1996, last amended 2015))

Civil servants

Restrictions

General restriction on conflict of interest Yes. The principle of impartiality is expressed in particular receivables in: 1) avoiding the suspicions of conflict between public and private interests; 2) not to take any work or activities that conflict with official duties (Article 18 of the Guidelines for compliance with the rules of the civil service and on the ethics body civil service (2011))
Accepting gifts Yes. Observing the principle of selflessness, Civil Servants may not accept any form of benefits from the people involved in the run case; does not accept any form of payment for public addresses, if they are related to occupied position; resigns from the additional employment or seizure profit-making, if further execution of additional employment or gainful occupation may have a negative impact on the case. (Article 4 of the Guidelines for compliance with the rules of the civil service and on the ethics body civil service (2011))
Private firm ownership and/or stock holdings Yes. Civil sevants during their positions may not: 1) be members of management boards, supervisory boards or audit committees of companies commercial law; 2) be employed or perform other activities in commercial companies, hich could give rise to suspicion of their bias or selfinterest; 3) be members of management boards, supervisory boards or audit committees cooperative, with the exception of the supervisory boards of housing cooperatives; 4) be members of boards of foundations conducting business activities; 5) hold in commercial companies more than 10% of the shares or shares representing more than 10% of share capital in each of these companies; 6) conduct business on their own account or jointly with others people, as well as manage those activities or be a representative or attorney in conducting such activities; does not apply to business productive in agriculture in terms of plant and animal production, in the form and range family farm. (Article 2-3 of the Law on limitation of economic activity by persons performing public functions (1997, last amended in 2015))
Ownership of state-owned enterprises (SOEs) Yes. A civil servant can not make additional employment without the prior consent of the head of which is employed. A civil servant can not perform activities that would result in a conflict with his duties or could cause suspicion of partiality or selfinterest. (Article 19 of the Act on Employees of State Offices (1982, last amended in 2015))
Holding government contracts Yes. A civil servant can not make additional employment without the prior consent of the head of which is employed. A civil servant can not perform activities that would result in a conflict with his duties or could cause suspicion of partiality or selfinterest. (Article 19 of the Act on Employees of State Offices (1982, last amended in 2015))
Board member, advisor, or company officer of private firm Yes. Civil servants during their positions may not: 1) be members of management boards, supervisory boards or audit committees of companies commercial law; 2) be employed or perform other activities in commercial companies, hich could give rise to suspicion of their bias or selfinterest; 3) be members of management boards, supervisory boards or audit committees cooperative, with the exception of the supervisory boards of housing cooperatives; 4) be members of boards of foundations conducting business activities; 5) hold in commercial companies more than 10% of the shares or shares representing more than 10% of share capital in each of these companies; 6) conduct business on their own account or jointly with others people, as well as manage those activities or be a representative or attorney in conducting such activities; does not apply to business productive in agriculture in terms of plant and animal production, in the form and range family farm. (Article 2-3 of the Law on limitation of economic activity by persons performing public functions (1997, last amended in 2015))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. State officials appointed responsibility ordinal or disciplinary action for misconduct of the employee. Disciplinary penalties are: 1) reprimand; 2) reprimand with warning; 3) reprimand with the deprivation of opportunities for promotion for a period of up to two years to a higher salary or a higher position; 4) transfer to a lower position; 5) dismissal from work in the office. (Article 34-35-36 of the Act on Employees of State Offices (1982, last amended in 2015))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) Yes. Disciplianry Commission is in charge of conducting the investigation, submission of applications for disciplinary action if the results investigation is warranted, participation in hearings as a party. (Article 36 of the Act on Employees of State Offices (1982, last amended in 2015))

Qualitative data for 2016


Legislation

Act on Deputies and Senators, 1996, amended 2015 (Polish)pdf
Act on Employees of State Offices, 1982, amended in 2015 (Polish)pdf
Article 147 of the Terms of the Parliament  
Constitution, 1997, amended 2009 (English )pdf
Guidelines for compliance with the rules of the civil service and on the ethics body civil service, 2011 (English )pdf
Act on the Limitations on Conducting Business Activity by Persons Performing Public Functions, 1997, amended 2015 (Polish)pdf
Principles of Conduct for Deputies, 1998 (English )pdf

Freedom of Information

Poland's Constitution (1997) provides citizens with a fundamental right to access government information, while the Law on Access to Public Information (2001, amended 2014) lays out implementing measures. The FOI law applies to the executive, legislative, and judicial branches, as well as public bodies that perform public functions or hold dominant positions in the market.

Specific exemptions to disclosure are outlined in the aforementioned FOI law, Classified Information Protection Act (1999), and the Law on Data Protection (1997). No public interest test exists whereby exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals may be filed with public authorities and with the courts. There is no appeals process through an independent non-judicial mechanism, such as an information commissioner.   

Fines and criminal sanctions may be imposed by the public prosecutor for violations of FOI provisions, but there are no oversight bodies tasked with managing implementation.  


Quantitative Data

Primary Metric

201220152016Trend
Scope and Coverage828282
Information access and release717171
Exceptions and Overrides676750
Sanctions for non-compliance676733
Monitoring and Oversight000

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access Yes. (1)A citizen shall have the right to obtain information on the activities of organs of public authority as well as persons discharging public functions. Such right shall also include receipt of information on the activities of self-governing economic or professional organs and other persons or organizational units relating to the field in which they perform the duties of public authorities and manage communal assets or property of the State Treasury. (2)The right to obtain information shall ensure access to documents and entry to sittings of collective organs of public authority formed by universal elections, with the opportunity to make sound and visual recordings. (Article 61, Constitution of Poland, 1997)
"Information" or "Documents" is defined No. Absent from legal framework.
Proactive disclosure is specified Yes. Making public information available takes place by means of announcing public information, including official documents, in the Public Information Bulletin. (Articles 7 and 8 of the Law on Access to Public Information, 2001, amended 2015)

Coverage of public and private sectors

Executive branch Yes. 1. To make the public information available is the obligation of the public authorities as well as other entities performing public functions, in particular: 1) bodies of public authority, 2) bodies of economic and professional local authorities, 3) entities representing the State Treasury in accordance with the separate provisions, 4) entities representing state legal persons or legal persons of local authorities and entities representing other state organisational units or organisation units of local authority, 5) entities representing other persons or organisational units, which perform public functions or dispose of public property as well as legal persons, in which the State Treasury, units of local authority or economic or professional local authority hold dominant position in the understanding of the provisions of competition and consumer protection. (Article 4 of the Law on Access to Public Information, 2001, amended 2015)
Legislative branch Yes. 1. To make the public information available is the obligation of the public authorities as well as other entities performing public functions, in particular: 1) bodies of public authority (Article 4 of the Law on Access to Public Information, 2001, amended 2015)
Judicial branch Yes. 1. To make the public information available is the obligation of the public authorities as well as other entities performing public functions, in particular: 1) bodies of public authority (Article 4 of the Law on Access to Public Information, 2001, amended 2015)
Other public bodies Yes. 1. To make the public information available is the obligation of the public authorities as well as other entities performing public functions, in particular: 1) bodies of public authority, 2) bodies of economic and professional local authorities, 3) entities representing the State Treasury in accordance with the separate provisions, 4) entities representing state legal persons or legal persons of local authorities and entities representing other state organisational units or organisation units of local authority, 5) entities representing other persons or organisational units, which perform public functions or dispose of public property as well as legal persons, in which the State Treasury, units of local authority or economic or professional local authority hold dominant position in the understanding of the provisions of competition and consumer protection. (Article 4 of the Law on Access to Public Information, 2001, amended 2015)
Private sector No. Absent from legal framework.

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments Yes. Explicitly permit access to draft legal instruments. Legal acts are published on the websites of the bodies preparing draft legal instruments and on the Sejm’s website. (Articles 6 and 8 of the Law on Access to Public Information, 2001, amended 2015)
Enacted legal instruments Yes. Access to enacted legal instruments is explicitly permitted. (Article 6 of the Law on Access to Public Information, 2001, amended 2015)
Annual budgets Yes. Budgetary information is required to be made public. Public disclosure of the annual budget is required to be made public. (Article 6 of the Law on Access to Public Information, 2001, amended 2015 Articles 33 and 34 of the Law on Public Finances, 2009)
Annual chart of accounts (actual expenditures) Yes. Information regarding expenditures are required to be made public. Public disclosure of the annual budget is required to be made public. (Article 6 of the Law on Access to Public Information, 2001, amended 2015 Articles 33 and 34 of the Law on Public Finances, 2009)
Annual reports of public entities and programs Yes. Information regarding annual reports and programs is required to be made public. (Article 6 of the Law on Access to Public Information, 2001, amended 2015)

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) Yes. 1. Each person is entitled, with the stipulation of Article 5, to the right of access to public information, hereinafter referred to as “the right to public information”. (Article 2 of the Law on Access to Public Information, 2001, amended 2015)
Type of request is specified (written, electronic, oral) Yes. Written requests can be made to obtain information not already made available via the Public Information Bulletin. Oral requests are allowed where the information requested can “be immediately made available.” (Article 10 of the Law on Access to Public Information, 2001, amended 2015)
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) No. Absent from legal framework.
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. While access to public information is generally free the requested government body may oblige payment covering the cost of making the information available. Fees can be mandated in specified cases and after notifying the petitioner of the necessity of payment. (Articles 7 & 15 of the Law on Access to Public Information, 2001, amended 2015)

Deadlines for release of information

20-day response deadline Yes. Information requested by petition must be provided within 14 days. (Article 13 of the Law on Access to Public Information, 2001, amended 2015)
Agency granted right to extend response time Yes. If the requested government body cannot provide the information within 14 days, it may take up to two-months to do so, provided that it gives a reason for the delay. (Article 13 of the Law on Access to Public Information, 2001, amended 2015)
Maximum total response time of no more than 40 days No. If the requested government body cannot provide the information within 14 days, it may take up to two-months to do so, provided that it gives a reason for the delay. (Article 13 of the Law on Access to Public Information, 2001, amended 2015)

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law Yes. Classified Information Protection Act, 1999 (Classified Information Protection Act, 1999)
Existence of personal privacy/data law Yes. Law on Data Protection, 1997 (Law on Data Protection, 1997)
Specific exemptions to disclosure Yes. The Law provides for a number of exceptions. Such exceptions include private data, business secrets, confidential information, and other statutorily protected secrets. These and other exceptions are further informed by provisions that address topics such as personal data and information that is categorized as “classified” according to certain regulations. (Article 5 of the Law on Access to Public Information, 2001, amended 2015 Articles 1 and 6 of the Law on Data Protection, 1997 Articles 20 and 21 of the Classified Information Protection Act, 1999)
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities Yes. The Code of Administrative Proceedings provides an administrative appeals mechanism for decisions denying access to information. (Article 16 of the Law on Access to Public Information, 2001, amended 2015 Articles 127-140 of the Code of Administrative Proceedings(1960))
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. No. Absent from legal framework.
Judicial appeals mechanism Yes. A petitioner can always seek redress – either in court or by administrative proceeding. Judicial review of decisions related to access to information where a decision of non-disclosure is based on the protection of personal data, the right to privacy, or a secret that is not a “state secret” or something similar. (Articles 21 and 22 of the Law on Access to Public Information, 2001, amended 2015)

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements No. Absent from legal framework.
Fines are specified for violations of disclosure requirements Yes. Fines are legislated where information obligated to be disclosed is not made available. This sanction is of penal character, and the fine shall be calculated in the amount of 10 times the average monthly salary. (Article 23 of the Law on Access to Public Information, 2001, amended 2015 Article 154(6) of the Law on Proceedings in Administrative Courts, 2002)
Criminal sanctions are specified for violations of disclosure requirements Yes. Criminal sanctions are up to one year in prison where information obligated to be disclosed is not made available. (Article 23 of the Law on Access to Public Information, 2001, amended 2015 )

Monitoring and Oversight

Information officers must be appointed in public agencies No. Absent from legal framework.
Public body that is responsible for applying sanctions No. Absent from legal framework.
Public body that is responsible for public outreach (raising public awareness) No. Absent from legal framework.
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. No. Absent from legal framework.
Ombudsman involvement in implementation is specified by law No. Absent from legal framework.
Reporting of data and/or implementation is required No. Absent from legal framework.

Qualitative data for 2016


Legislation

Constitution of Poland, 1997 (English)pdf
Law on Access to Public Information, 2001, amended 2015 (Polish)pdf
Law on Public Finances, 2009, amended 2015 (Polish)pdf
Law on Protection of Classified Information, 2010, amended 2015 (Polish)pdf
Law on Data Protection, 1997, amended 2015 (English)pdf
Code of Administrative Proceedings, 1960, amended 2015 (Polish)pdf
Law on Proceedings in Administrative Courts, 2002, amended 2015 (Polish)pdf

Public Procurement

The Polish public procurement system is regulated primarily by the Public Procurement Law. The public procurement body is the Public Procurement Office which is an independent organization.

The lowest minimum thresholds for conducting a public procurement tender are:

EUR 30000 for goods, works and services

There is no minimum number of bidders indicated for restricted procedures or negotiated procedures and competitive dialogue. The minimum submission period is 52 days for open procedures, 40 days for restricted procedures and negotiated procedures from dispatch date. The final beneficial owners do not have to be disclosed when placing a bid.

There is no case for preferential treatment. However, there are several options for bid exclusion: economic operators who were included in the preparation of the tender, failing to provide tender deposit in time, providing false information, failing to fulfilling conditions, conviction for bankruptcy, bribery, fraud, gross professional negligence, outstanding tax or social security contributions. Bids can be also excluded because of abnormally low bid prices.

In the bid evaluation phase, there are conflict of interest restrictions on the composition of the evaluation committee. There is also a requirement that some part of the evaluation committee be independent of the contracting authority.

There is a payable fee in case of an arbitration procedure, which is set out in a Presidential Decision, and court decisions are also publicly released.


Quantitative Data

Primary Metric

201220152016Trend
Scope6969
Information availability5757
Evaluation7575
Open competition5656
Institutional arrangements4949

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement Law, 2004, amended 2014 is applied? (Product type GOODS) EUR 30000. The equivalent amount of EUR 30,000 in PLN. This does not refer to utilities contracts and contracts for supplies and services in the field of defense and security. Under art. 133 para 1 PPL, the Act is applied to the award of utilities contracts where the contract value is equal to or exceeds the EU thresholds. Under art. 131 b PPL, the Act is not applied if the value of a contract is less than the amounts of the EU thresholds. (Public Procurement Law, 2004, amended 2014, article 4.)
What is the minimum contract value above which the public procurement Law, 2004, amended 2014 is applied? (Product type WORKS) EUR 30000. The equivalent amount of EUR 30,000 in PLN. This does not refer to utilities contracts and contracts for supplies and services in the field of defense and security. Under art. 133 para 1 PPL, the Act is applied to the award of utilities contracts where the contract value is equal to or exceeds the EU thresholds. Under art. 131 b PPL, the Act is not applied if the value of a contract is less than the amounts of the EU thresholds. (Public Procurement Law, 2004, amended 2014, article 4.)
What is the minimum contract value above which the public procurement Law, 2004, amended 2014 is applied? (Product type SERVICES) EUR 30000. The equivalent amount of EUR 30,000 in PLN. This does not refer to utilities contracts and contracts for supplies and services in the field of defense and security. Under art. 133 para 1 PPL, the Act is applied to the award of utilities contracts where the contract value is equal to or exceeds the EU thresholds. Under art. 131 b PPL, the Act is not applied if the value of a contract is less than the amounts of the EU thresholds. (Public Procurement Law, 2004, amended 2014, article 4.)

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) EUR 30000. the equivalent amount of EUR 30,000 in PLN (Public Procurement Law, 2004, amended 2014, article 4)
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) EUR 418000. Supplies and services - 418000 EUR; works - 5225000 EUR. PPL shall apply to the awarding of utilities contracts where the contract value is equal to or exceeds the amounts provided for in the provisions issued under Article 11 para. 8 - EU thresholds. (Public Procurement Law, 2004, amended 2014, article 133 para. 1)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) EUR 134000. Supplies and services - 418000 EUR, works - 30 000 EUR. The act shall not apply to contracts in the field of defence and security for supplies and services if the contract value is less than the amounts specified in provisions issued under art. 11 item 8 - EU thresholds. (Public Procurement Law, 2004, amended 2014, article 131b)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) EUR 30000. the equivalent amount of EUR 30,000 in PLN (Public Procurement Law, 2004, amended 2014, article 4)
What are the minimum application thresholds for the procurement type? (Product type WORKS) EUR 30000. the equivalent amount of EUR 30,000 in PLN (Public Procurement Law, 2004, amended 2014, article 4)
What are the minimum application thresholds for the procurement type? (Product type SERVICES) EUR 30000. the equivalent amount of EUR 30,000 in PLN (Public Procurement Law, 2004, amended 2014, article 4)

Information availability

Publishing and record keeping

Which are the documents which are published in full? Contract notices are published in one of the publicators depending on the contract value; Specification of essential terms of the contract - is in open tendering made available at the website of contracting authority. 0 (Public Procurement Law, 2004, amended 2014, article 36, article 42 para. 1)
Are any of these documents published online at a central place? yes. Notices are placed by contracting authorities in the Public Procurement Bulletin (contracts below EU thresholds). For contracts above the EU thresholds, the notices are dispatched to the EU Publications Office. (Public Procurement Law, 2004, amended 2014, article 12)
Is it mandatory to keep these records? Public notices of bidding opportunities, Bidding documents and addenda, Bid opening records, Bid evaluation reports, Formal appeals by bidders and outcomes, Final signed contract documents and addenda and amendments, Claims and dispute resolutions, Final payments, Disbursement data (as required by the country’s financial management system) yes. The contracting authority shall prepare a written record of the contract award procedure. Tenders, opinions of experts, declarations, information (...) notifications, requests, other documents and information submitted by the contracting authority and economic operators and the public procurement contract, shall constitute annexes to the record.The record together with annexes attached thereto shall be open to the public. The contracting authority shall keep the record together with its annexes for a period of 4 years from the closing date of the contract award procedure in a manner which shall guarantee its inviolability. (Public Procurement Law, 2004, amended 2014, articles 96-98)
Are contracts awarded within a framework agreement published? yes. If the value of the contract or of the framework agreement is less than the EU thresholds, the contracting authority shall immediately, after the conclusion of the public procurement contract or the framework agreement, place a contract award notice in the Public Procurement Bulletin. If the value of the contract or of the framework agreement is equal to or exceeds the EU thresholds, the contracting authority shall, immediately upon concluding a public procurement contract or a framework agreement, dispatch a contract award notice to the Publications Office of the European Union. The contracting authority may dispatch contract award notice if the contract was awarded on the basis of framework agreement. (Public Procurement Law, 2004, amended 2014, article 95)

Sub-contracting

Is it mandatory to publish information on subcontractors in some cases? No. The contracting authority may require from the economic operator to indicate parts of a contract that it intends to subcontract (…). (Public Procurement Law, 2004, amended 2014, article 36b)
If yes, above what proportion of subcontracted value is it mandatory? Not applicable. 0 (Public Procurement Law, 2004, amended 2014, article 36b, 130)

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or products in tender specification/call for tender? yes. The subject-matter of the contract shall not be described in a manner which could restrict fair competition (Public Procurement Law, 2004, amended 2014, article 29)
Are there restrictions on allowable grounds for tenderer exclusion? yes. , closed but long list, main reasons are: economic operators who directly performed actions in connection with the preparation of the conducted procedure, EO who have not provided a tender deposit by the expiry of the time limit for tender submission, those that provided false information, those who failed to evidence the fulfilment of conditions, as part of the same capital group submitted separate tenders or requests to participate, convicted by bankruptcy, bribery, fraud, gross professional negligent, outstanding taxes or social security contributions (Public Procurement Law, 2004, amended 2014, article 24)
Is there a preferential treatment for small-to-medium enterprises (SMEs)? no. 0
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) no. principle of non-discrimination (Public Procurement Law, 2004, amended 2014, article 7)
Is there a specific set of rules for green/sustainable procurement? yes. Partially yes. Implementation of Clean Vehicles Directive was made by means of a secondary legislation to PPL - Regulation of the Prime Minister of 10 May 2011 on non- price mandatory tender evaluation criteria with respect to certain types of public contracts (Journal of Law, 2004, amended 2014s No. 96, item 559). The provision on restricted contracts or social contract performance requirements as regards staffing are provided for in the PPL. (Public Procurement Law, 2004, amended 2014, article 91 para. 8, art. 22 para. 2, art.. 29 para. 4)
Are some bids automatically excluded such as lowest/highest price; unusually low price, etc. yes. The obligation to determine that the tender does not comprise an abnormally low price lies with the economic operator. The contracting authority shall reject a tender submitted by an economic operator who failed to provide explanations or where the evaluation of explanations confirms that the submitted offer contains an abnormally low price with regard to the subject-matter of the contract. (Public Procurement Law, 2004, amended 2014, article 90)

Bid evaluation

Is scoring criteria published and explicit? yes. The criteria and their weights are provided for in the contract notice. Moreover, they are also stipulated in the specification of essential terms of the contract. Please note, there is a secondary legislation to the PPL - Regulation of the Prime Minister of 28 January 2010 on the standard forms of notices placed in the Public Procurement Bulletin (Journal of Law, 2004, amended 2014s, No. 12, item 69) (Public Procurement Law, 2004, amended 2014, article 36 para 1 point 13, art.. 41 point 9, art.. 48 para. 2 point 10)
Can evaluation decision be made by a single person (as opposed to a committee)? no. minimum 3 persons (Public Procurement Law, 2004, amended 2014, article 21)
Are there regulations on evaluation committee composition to prevent conflict of interest? yes. 0 (Public Procurement Law, 2004, amended 2014, article 17)
If yes, what is banned? those competing for a contract, that remain in matrimony, consanguinity or affinity in direct line or indirect line up to second degree, in employment or service with the EO in the previous three years to the start of procedure, sentenced for bribery or gaining financial profit and general clause of 'remain in such legal or actual relationship with the EO, which may raise justified doubts as to their impartiality'. 0 (Public Procurement Law, 2004, amended 2014, article 17)
Is some part of evaluation comitee mandatorily independent of contracting authority? no. The head of the contracting authority shall appoint a tender committee for the conduct of an award procedure where the contract value is equal to or exceeds the EU thresholds.As a rule members of the tender committee are the employees of the contracting authority. If the performance of specific actions in connection with the preparation and conduct of a contract award procedure requires special knowledge, the head of the contracting authority may at its own initiative or at the request of the tender committee appoint experts. (Public Procurement Law, 2004, amended 2014, article 19, 21)
Are scoring results recorded and publicly available? yes. In the course of the conduct of an award procedure the contracting authority prepares a written record of the contract award procedure, which includes at least: 1) description of the subject-matter of the contract; 2) information on the contract award procedure; 3) information on economic operators; 4) price and other essential elements of the tender; 5) indication of the selected tender or tenders. The record together with annexes attached thereto shall be open to the public. (Public Procurement Law, 2004, amended 2014, article 96)
Under which conditions can the tender be cancelled? closed list. no tender has been submitted or no request to participate in the procedure, less than two non-rejectable tenders in the request-for-quotations, e-bidding with fewer than two requests, price of best tender or lowest price exceeds amount which CA can allocate to the contract, material change in circumstances causing execution of the contract not to be in the general interest that could not have been foreseen earlier, award procedure encumbered with irreparable defect (Public Procurement Law, 2004, amended 2014, article 93)

Open competition

CFT publication

Where should the call for tenders be published? (Procedure type: OPEN) TED, Public Procurement Bulletin . In open tendering the contracting authority commences an award procedure by placing the contract notice in a place accessible to the public in its seat and on its website.The contracting authority may place the contract notice also in a different manner in particular in a national daily or periodical. (Public Procurement Law, 2004, amended 2014, article 40 )
Where should the call for tenders be published? (Procedure type: RESTRICTED) TED, Public Procurement Bulletin. The contracting authority may place the contract notice also in a different manner in particular in a national daily or periodical. (Public Procurement Law, 2004, amended 2014, article 48 para. 1)
Where should the call for tenders be published? (Procedure type: NEGOTIATED) TED, Public Procurement Bulletin. The contracting authority may place the contract notice also in a different manner in particular in a national daily or periodical. (Public Procurement Law, 2004, amended 2014, article 56 para. 1)

Minimum # of bidders

If there is a minimum number of bidders stipulated, under what conditions? RESTRICTED 5. Restricted: minimum 5, maximum 20. ( PPL article 51 para. 1, 57 para. 2, art.. 60d para. 2)
If there is a minimum number of bidders stipulated, under what conditions? NEGOTIATED 3. Negotiated: minimum 3 (national) or 5 (above EU). ( PPL article 51 para. 1, 57 para. 2, art.. 60d para. 2)
If there is a minimum number of bidders stipulated, under what conditions? COMPETITIVE DIALOGUE 3. Competitive dialogue: minimum 3 or 5 above a certain threshold. ( PPL article 51 para. 1, 57 para. 2, art.. 60d para. 2)

Bidding period length

What are the minimum number of days for advertisement required? (Procedure type: OPEN) 7. Below EU thresholds: for supplies and services - 7 days, for works - 14 days; Above EU thresholds - 40 days (from dispatch of the contract notice by electronic means) or 47 days (from the day of dispatch of the contract notice in any other manner). (Public Procurement Law, 2004, amended 2014, article 43)
What are the minimum number of days for advertisement required? (Procedure type: RESTRICTED) 7. Below EU thresholds - the contracting authority shall fix in the contract notice a time limit for submission of requests to participate in a procedure taking into consideration the time necessary for preparation and lodging of the required documents, however the time limit may not be less than 7 days from the day, on which the contract notice is placed in the Public Procurement Bulletin. Above the EU thresholds - 30 days – from dispatch of the contract notice to EU Publications Office by electronic means and 37 days – from dispatch of the contract notice to EU Publications Office in any other manner. (Public Procurement Law, 2004, amended 2014, article 49)
What are the minimum number of days for advertisement required? (Procedure type: NEGOTIATED) 7. Below EU thresholds - the contracting authority shall fix in the contract notice a time limit for submission of requests to participate in a procedure taking into consideration the time necessary for preparation and lodging of the required documents, however the time limit may not be less than 7 days from the day, on which the contract notice is placed in the Public Procurement Bulletin. Above the EU thresholds - 30 days – from dispatch of the contract notice to EU Publications Office by electronic means and 37 days – from dispatch of the contract notice to EU Publications Office in any other manner. (Public Procurement Law, 2004, amended 2014, article 56)

Institutional arrangements

Institutions and regulations

What are the main EXCEPTIONS preventing the application of the public procurement Law, 2004, amended 2014 for tenders/organisations? closed list. contracts regulated under international agreements about stationing of troops, international organisations or non-EU members; specific contracts of the National Bank of Poland; specific contracts of National Economy Bank; arbitration or conciliation services; services of the National Bank of Poland; research and development; broadcasting; purchase of broadcasting time; purchase and other rights of real estate; specific financial services; supply of rights for emission of greenhouse gases and other substances; specific services of the National Economy Bank; employment contracts; contracts classified as 'confidential' or 'strictly confidential'; development cooperation; arms, munitions or war materials trade; allocation of subsidies from public funds; contracts with values below EUR 30,000; cultural activities; specific educational activities, contracts for services or works performed within the Special Revitalization Zone and implementing revitalization projects, contracts forpermission to put the public a telecommunications networks at the disposal exploitation of public telecommunications networks, or provision of public telecommunications services by means of public telecommunications network, supplies, services or works from the central purchasing body or from the economic operators selected by the central purchasing body, contracts awarded to budget economy unit by the public authority performing the functions of a founding body (under certain circumstances), contracts awarded by the Minister of Justice or organizational units of the Prison Service to prison workplaces operated as state-owned enterprises or budget economy units (under certain circumstances), contracts awarded by the municipal office or municipal agencies to non-governmental organizations or social cooperatives (under certain circumstances). (Public Procurement Law, 2004, amended 2014, article 4)
What are the main types of institutions which have to apply the public procurement Law, 2004, amended 2014? the public finance sector, state organisational units not having legal personality and legal persons. 0 (Public Procurement Law, 2004, amended 2014, article 3)
What are the main procedure types or procurement methods permitted by Law, 2004, amended 2014? open tendering, restricted tendering, negotiated procedure with or without prior notice, competitive dialogue, single-source procurement procedure, request-for-quotations procedure or electronic bidding procedure. 0 (Public Procurement Law, 2004, amended 2014, article 10)
Is there a procurement arbitration court dedicated to public procurement cases? yes. National Appeal Chamber (Public Procurement Law, 2004, amended 2014, article 172)
Is there a procurement regulatory body dedicated to public procurement? yes. Public Procurement Office PPO is an independent unit within the Polish government. The President of PPO is appointed by the Prime Minister. (Public Procurement Law, 2004, amended 2014, articles 152 - 155)
Is the procurement regulatory body independent? Yes.
Is the procurement advisors' profession legally defined (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering procedure described (e.g. right to draft tender documentations, conduct market research identifying bidders)? no. 0
Is disclosure of final, beneficial owners required for placing a bid? no. 0

Complaints

Is there a fee for arbitration procedure? yes. 0 (Public Procurement Law, 2004, amended 2014, article 187 point 2))
If yes, how much Supplies and services below EU: PLN 7500; Works below EU: PLN 10000. Regulation of the Prime Minister. The registration fee for an appeal lodged in the contract award procedure for supplies or services were the contract value is: 1) less than the EU thresholds - amounts to 7,500 PLN 2) equal to or exceeds the EU thresholds - amounts to PLN 15,000 PLN. The registration fee for an appeal lodged in the contract award procedure for works were the contract value is: 1) less than the Eu thresholds - amounts to 10,000 PLN 2) equal to or exceeds the EU thresholds - amounts to PLN 20,000 PLN. (Public Procurement Law, 2004, amended 2014; Article 198 point 2), Regulation of the Prime Minister of 15 March 2010.)
Is there a ban on contract signature until arbitration court decision (first instance court)? yes. If the appeal is lodged In case of appeal being lodged, the contracting authority may not conclude a contract until the Chamber passes its judgment or decision which ends the appeal procedure. However, the contracting authority may put forward a motion to the Chamber in order to revoke the ban on conclusion of contract. The Chamber may revoke the ban on conclusion of a contract, if non conclusion of a contract might cause a negative effects for public interest, in particular in the field of defense and security, exceeding the benefits related to the necessity of protecting of all interests, with reference to which a possibility of sustaining a loss due to actions conducted by the contracting authority in contract award procedure occurs. (Public Procurement Law, 2004, amended 2014, article 183)
What is the maximum number of days until arbitration court decision from filing a complaint? 15. The Chamber examines the appeal within 15 days from the date of its submission to the Chairman of the Chamber. (Public Procurement Law, 2004, amended 2014, article 189)
Are arbitration court decisions required to be publicly released? No. The Chamber shall examine the appeal in an open hearing. The Chamber shall announce its ruling after closing the hearing in an open session and expresses orally the motives for its ruling. (Public Procurement Law, 2004, amended 2014, article 189 para. 5, 196)

Qualitative data for 2016


Legislation

Public Procurement Law, 2004, amended 2014missing file:
Regulation of the Prime Minister of 15 March 2010missing file: