EUROPAM

European Public Accountability Mechanisms

Poland

Country score (European Average*)
  • 86(66) Political Financing
  • 57(50) Financial Disclosure
  • 36(40) Conflict of Interest
  • 35(56) Freedom of Information
  • 58(63) Public Procurement

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)24981.54
Population, total37948016.00
Urban population (% of total)60.53
Internet users (per 100 people)73.30
Life expectancy at birth (years)78.20
Mean years of schooling (years)11.9
Global Competitiveness Index4.6
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

2012201520162017Trend
Bans and limits on private income83838383
Public funding62626262
Regulations on spending100100100100
Reporting, oversight and sanctions92100100100

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. rovisions of laws concerning elections to the Sejm of the Republic of Poland and to the Senate of the Republic of Poland Polish and elections to the European Parliament in the area of ​​subject-based subsidies. (Law on Political Parties, 1997, amended 2016, Art 25(1))
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. The political party may be transferred funds only by Polish citizens who are permanent place of residence in the territory of the Republic of Poland, subject to the provisions of art. 24 sec. 4 and 7, art. 28 para. 1 and the provisions of laws concerning elections to the Sejm of the Republic of Poland and to the Senate of the Republic of Poland Polish and elections to the European Parliament in the area of ​​subject-based subsidies. 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 2016, 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 2016, 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 2016, 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 2016, 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 2016, 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 2016, 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 2016, 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 2016, 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 2016, 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 2016, 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 2016, 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 2016, 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 2016, 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 2016, 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 2016, 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 2016, 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 2016, 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 2016, 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 2016, 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 2016, 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 2016, 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 2016, 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 2017


Legislation

Law on Political Parties, 1997, amended 2016 (Polish)pdf
Election Code 2011 (English)pdf

Financial Disclosure

The Polish Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, amended 2016) 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, amended 2016) 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

2012201520162017Trend
Disclosure items65484848
Filing frequency62696969
Sanctions50505050
Monitoring and Oversight81818181
Public access to declarations31383838

Alternative Metric

2012201520162017Trend
Head of State61616161
Ministers24272727
Members of Parliament85797979
Civil servants61616161

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, last amended 2016))
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, last amended 2016))
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, last amended 2016))
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, last amended 2016))
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, last amended 2016))
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, last amended 2016))
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, last amended 2016))
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, last amended 2016))
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, last amended 2016))
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, last amended 2016))
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, last amended 2016))
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, last amended 2016))

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, last amended 2016))
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, last amended 2016))
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, last amended 2016))
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, last amended 2016))
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, last amended 2016))

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, last amended 2016))
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, last amended 2016))
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, last amended 2016))
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, last amended 2016))

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, last amended 2016))
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, last amended 2016))
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, last amended 2016))
Location(s) of access specified Yes. The Register is maintained by the State Elections Committee. (Article 12 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997, last amended 2016))
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, last amended in 2016))
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, last amended in 2016))
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, last amended in 2016))
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, last amended in 2016))
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, last amended in 2016))
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, last amended in 2016))
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, last amended in 2016))
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, last amended in 2016))
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, last amended in 2016))
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, last amended in 2016))
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, last amended in 2016))
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, last amended in 2016))
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, last amended in 2016))
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. (Article 33, 35a of the Act on Deputies and Senators (1996, last amended in 2016))

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, last amended in 2016))
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 up to 3 years. 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, last amended in 2016) Article 233 of the Penal Code 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 35 of the Act on Deputies and Senators (1996, last amended in 2016))
Enforcement body explicitly identified Yes. Speaker of Sejm for deputies, and Speaker of Senate for senators. (Article 35 of the Act on Deputies and Senators (1996, last amended in 2016))
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 35 of the Act on Deputies and Senators (1996, last amended in 2016))
Some agency assigned responsibility for verifying accuracy Yes. Central Anticorruption Bureau is responsible for content verification. (Article 35 of the Act on Deputies and Senators (1996, last amended in 2016))

Public access to declarations

Public availability Yes. Information contained in asset declarations and Registry of Benefits is open to the public. (Article 35 of the Act on Deputies and Senators (1996, last amended in 2016))
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 35 of the Act on Deputies and Senators (1996, last amended in 2016))
Location(s) of access specified Yes. Information on deputies shall be maintained by the Speaker of the Sejm and on senators by the Speaker of the Senate. (Article 35 of the Act on Deputies and Senators (1996, last amended in 2016))
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, last amended in 2016))
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, last amended in 2016))
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, last amended in 2016))
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, last amended in 2016))
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, last amended in 2016))
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, last amended in 2016))
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, last amended in 2016))
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, last amended in 2016))
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, last amended in 2016))
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, last amended in 2016))
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, last amended in 2016))
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 in 2016))

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 in 2016))
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 in 2016))
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 in 2016))
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 in 2016))
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 in 2016))
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 in 2016))

Qualitative data for 2017


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 2016 (Polish)pdf
Penal Code, amended 2016 (Polish)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 2016) 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 2016) 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

2012201520162017Trend
Restrictions68575757
Sanctions17252525
Monitoring and Oversight0252525

Alternative Metric

2012201520162017Trend
Head of State20282828
Ministers20171717
Members of Parliament38515151
Civil servants34484848

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 2016))
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 2016))
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 2016))
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 (1997, last amended in 2016))
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 2016))
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 2016))
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 2016))
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 2016))
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 2016) Article 228 of the Penal Code (1997, last amended in 2016))
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 2016))
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 2016))
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 2016))
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 2016))
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 2016))
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 Constitution,1997, amended 2009 Article 34(3) of the Act on Deputies and Senators (1996, last amended 2016))

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 2016))
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 2016))
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 2016))
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 2016))
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 2016))
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 2016))

Qualitative data for 2017


Legislation

Act on Deputies and Senators, 1996, amended 2016 (Polish)pdf
Act on Employees of State Offices, 1982, amended in 2016 (Polish)pdf
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 2016 (Polish)pdf
Principles of Conduct for Deputies, 1998 (English )pdf
Penal Code, 1997, amended 2016 (Polish)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 2016) 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

2012201520162017Trend
Scope and Coverage82828269
Information access and release71717142
Exceptions and Overrides67675033
Sanctions for non-compliance67673333
Monitoring and Oversight0000

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

Principle of maximum disclosure, i.e., presumption in favor of disclosure Yes. Any information about public affairs is public information within the meaning of the Act and subject to the availability of and reuse the principles and procedures set forth in this Act. (Article 1 of the Law on Access to Public Information, 2001, last amended 2016)
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, last amended 2016)

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, last amended 2016)
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, last amended 2016)
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, last amended 2016)
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, last amended 2016)
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, last amended 2016)
Enacted legal instruments Yes. Access to enacted legal instruments is explicitly permitted. (Article 6 of the Law on Access to Public Information, 2001, last amended 2016)
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, last amended 2016 Articles 33 and 34 of the Law on Public Finances, 2009, amended 2016)
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, last amended 2016 Articles 33 and 34 of the Law on Public Finances, 2009, amended 2016)
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, last amended 2016)

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, last amended 2016)
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, last amended 2016)
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, last amended 2016)

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, last amended 2016)
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, last amended 2016)
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, last amended 2016)

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law Yes. Classified Information Protection Act, 1999 (Classified Information Protection Act, 1999, amended 2016)
Existence of personal privacy/data law Yes. Law on Data Protection, 1997 (Law on Data Protection, 1997, amended 2015)
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, last amended 2016 Articles 1 and 6 of the Law on Data Protection, 1997, amended 2015 Articles 20 and 21 of the Classified Information Protection Act, 1999, amended 2016)
Public Interest test: Specified exemptions to disclosure may be overridden (dismissed ex ante) in cases where disclosure of information benefits the public interest. (Also includes Balancing test: Where the public interest in maintaining the exemption outweighs the public interest in the disclosure of the information, then the information can be withheld. If the public interest in disclosing the information is equal to or greater than the public interest in maintaining the exemption, then the information must be disclosed) No. Absent from legal framework.
Harm test: Specified exemptions to disclosure should apply only where there is a risk of substantial harm to the protected interest (i.e., exemptions are not absolute) No. Absent from legal framework.

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, last amended 2016 Articles 127-140 of the Code of Administrative Proceedings, 1960, amended 016)
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, last amended 2016)

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, last amended 2016 Article 154(6) of the Law on Proceedings in Administrative Courts, 2002, amended 2016)
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, last amended 2016 )

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.

Qualitative data for 2017


Legislation

Constitution of Poland, 1997, amended 2009 (Polish)pdf
Law on Access to Public Information, 2001, amended 2016 (Polish)pdf
Law on Public Finances, 2009, amended 2016 (Polish)pdf
Law on Protection of Classified Information, 2010, amended 2016 (Polish)pdf
Law on Data Protection, 1997, amended 2015 (English)pdf
Code of Administrative Proceedings, 1960, amended 2016 (Polish)pdf
Law on Proceedings in Administrative Courts, 2002, amended 2016 (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

The minimum number of bidders is 5 for restricted procedures and 3 for negotiated procedures and competitive dialogue. The minimum submission period is 35 days for open procedures, 30 days for restricted procedures and negotiated procedures from dispatch date. If the tender is below the EU threshold, the period can be shortened to 7 days. 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

2012201520162017Trend
Scope626067
Information availability193244
Evaluation888888
Open competition565656
Institutional arrangements363636

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 is applied? (Product type GOODS - SUPPLIES) EUR 30,000. The minimum contract value above which the public procurement law is applied is the equivalent amount of EUR 30,000 in PLN. This does not refer to utilities contracts, sector orders and contracts for supplies and services in the field of defense and security, research, experimental and development services, cultural and educational services, social services and other special services. Under art. 133 para 1 PPL (sector orders), the Act is applied to the award where the contract value is equal to or exceeds the EU thresholds. Under art. 131 b PPL (services in the field of defense and security), the Act is not applied if the value of a contract is less than the amounts of the EU thresholds. Under art. 138g PPL (social services and other special services), provisions of the new Chapter 6 of the Act are applied to the award where the contract value is equal to or exceeds the EU thresholds. According to article 11 para 8 PPL the Prime Minister, by regulation, determines the thresholds. In 2016 it was: 1. For public contracts awarded by contracting entities from the public finance sector, excluding public universities, state cultural institutions, state film institutions, local government units, public finance sector entities for which the founding or supervising body is a unit of local self-government and contracting entities which are state units organizational entities without legal personality: - EUR 135,000 euros - for supplies or services, - EUR 5,225,000 - for construction works; 2. For public contracts awarded by other contracting entities with the exception of sector orders: - EUR 209,000 - for supplies or services, - EUR 5,225,000 - for construction works; 3. For sector orders and contracts in the fields of defense and security: - EUR 418,000 - for supplies or services, - EUR 5,225,000 - for construction works ; 4. For social services and other special services: - EUR 750,000 - for contracts other than sector orders or contracts in fields of defense and security, - EUR 1,000,000 - for sector orders (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments) article 4, paragraph (8); article 11, paragraph (8); article 131b, article 133, paragraph (1); article 138g; Regulation of the Prime Minister of 28 th December, 2015 (Dz. U. poz. 2263); Regulation of the Minister of Development of 22 th August, 2016, amending Regulation of the Prime Minister of 28 th December, 2015 (Dz. U. poz.1386))
What is the minimum contract value above which the public procurement law is applied? (Product type CONSTRUCTION WORKS) EUR 30,000. The minimum contract value above which the public procurement law is applied is the equivalent amount of EUR 30,000 in PLN. This does not refer to utilities contracts, sector orders and contracts for supplies and services in the field of defense and security, research, experimental and development services, cultural and educational services, social services and other special services. Under art. 133 para 1 PPL (sector orders), the Act is applied to the award where the contract value is equal to or exceeds the EU thresholds. Under art. 131 b PPL (services in the field of defense and security), the Act is not applied if the value of a contract is less than the amounts of the EU thresholds. Under art. 138g PPL (social services and other special services), provisions of the new Chapter 6 of the Act are applied to the award where the contract value is equal to or exceeds the EU thresholds. According to article 11 para 8 PPL the Prime Minister, by regulation, determines the thresholds. In 2016 it was: 1. For public contracts awarded by contracting entities from the public finance sector, excluding public universities, state cultural institutions, state film institutions, local government units, public finance sector entities for which the founding or supervising body is a unit of local self-government and contracting entities which are state units organizational entities without legal personality: - EUR 135,000 euros - for supplies or services, - EUR 5,225,000 - for construction works; 2. For public contracts awarded by other contracting entities with the exception of sector orders: - EUR 209,000 - for supplies or services, - EUR 5,225,000 - for construction works; 3. For sector orders and contracts in the fields of defense and security: - EUR 418,000 - for supplies or services, - EUR 5,225,000 - for construction works ; 4. For social services and other special services: - EUR 750,000 - for contracts other than sector orders or contracts in fields of defense and security, - EUR 1,000,000 - for sector orders (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments) article 4, paragraph (8); article 11, paragraph (8); article 131b, article 133, paragraph (1); article 138g; Regulation of the Prime Minister of 28 th December, 2015 (Dz. U. poz. 2263); Regulation of the Minister of Development of 22 th August, 2016, amending Regulation of the Prime Minister of 28 th December, 2015 (Dz. U. poz.1386))
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) EUR 30,000. The minimum contract value above which the public procurement law is applied is the equivalent amount of EUR 30,000 in PLN. This does not refer to utilities contracts, sector orders and contracts for supplies and services in the field of defense and security, research, experimental and development services, cultural and educational services, social services and other special services. Under art. 133 para 1 PPL (sector orders), the Act is applied to the award where the contract value is equal to or exceeds the EU thresholds. Under art. 131 b PPL (services in the field of defense and security), the Act is not applied if the value of a contract is less than the amounts of the EU thresholds. Under art. 138g PPL (social services and other special services), provisions of the new Chapter 6 of the Act are applied to the award where the contract value is equal to or exceeds the EU thresholds. According to article 11 para 8 PPL the Prime Minister, by regulation, determines the thresholds. In 2016 it was: 1. For public contracts awarded by contracting entities from the public finance sector, excluding public universities, state cultural institutions, state film institutions, local government units, public finance sector entities for which the founding or supervising body is a unit of local self-government and contracting entities which are state units organizational entities without legal personality: - EUR 135,000 euros - for supplies or services, - EUR 5,225,000 - for construction works; 2. For public contracts awarded by other contracting entities with the exception of sector orders: - EUR 209,000 - for supplies or services, - EUR 5,225,000 - for construction works; 3. For sector orders and contracts in the fields of defense and security: - EUR 418,000 - for supplies or services, - EUR 5,225,000 - for construction works ; 4. For social services and other special services: - EUR 750,000 - for contracts other than sector orders or contracts in fields of defense and security, - EUR 1,000,000 - for sector orders (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments) article 4, paragraph (8); article 11, paragraph (8); article 131b, article 133, paragraph (1); article 138g; Regulation of the Prime Minister of 28 th December, 2015 (Dz. U. poz. 2263); Regulation of the Minister of Development of 22 th August, 2016, amending Regulation of the Prime Minister of 28 th December, 2015 (Dz. U. poz.1386))

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) EUR 30,000. The minimum contract value above which the public procurement law is applied is the equivalent amount of EUR 30,000 in PLN. (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 4, paragraph (8))
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES; SECTOR ORDERS) EUR 418,000. Supplies and services - 418,000 EUR; works - 5,225,000 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. Moreover, provisions of the new Chapter 6 of the Act (social services and other special services) are applied to the award where the contract value is equal to or exceeds than EUR 1,000,000. (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 133 paragraph (1); article 11, paragraph (8); Regulation of the Prime Minister of 28 th December, 2015 (Dz. U. poz. 2263); Regulation of the Minister of Development of 22 th August, 2016, amending Regulation of the Prime Minister of 28 th December, 2015 (Dz. U. poz.1386))
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) EUR 418,000. Supplies and services - 418,000 EUR; works - 5,225,000 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 Article 11 para. 8 - EU thresholds. (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 131b; article 11, paragraph (8); Regulation of the Prime Minister of 28 th December, 2015 (Dz. U. poz. 2263))

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS - SUPPLIES) EUR 30,000. The minimum contract value above which the public procurement law is applied is the equivalent amount of EUR 30,000 in PLN. This does not refer to utilities contracts, sector orders and contracts for supplies and services in the field of defense and security, research, experimental and development services, cultural and educational services Under art. 133 para 1 PPL (sector orders), the Act is applied to the award where the contract value is equal to or exceeds the EU thresholds. Under art. 131 b PPL (services in the field of defense and security), the Act is not applied if the value of a contract is less than the amounts of the EU thresholds. According to article 11 para 8 PPL the Prime Minister, by regulation, determines the thresholds. In December 2015 it was: 1. For public contracts awarded by contracting entities from the public finance sector, excluding public universities, state cultural institutions, state film institutions, local government units, public finance sector entities for which the founding or supervising body is a unit of local self-government and contracting entities which are state units organizational entities without legal personality: - EUR 135,000 - for supplies or services, 2. For public contracts awarded by other contracting entities with the exception of sector orders: - EUR 209,000 - for supplies or services, 3. For sector orders and contracts in the fields of defense and security: - EUR 418,000 - for supplies or services (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 4, paragraph (8); article 131b, article 133, paragraph (1); article 11, paragraph (8); Regulation of the Prime Minister of 28 th December, 2015 (Dz. U. poz. 2263))
What are the minimum application thresholds for the procurement type? (Product type WORKS) EUR 30,000. The minimum contract value above which the public procurement law is applied is the equivalent amount of EUR 30,000 in PLN. This does not refer to utilities contracts, sector orders and contracts for supplies and services in the field of defense and security, research, experimental and development services, cultural and educational services Under art. 133 para 1 PPL (sector orders), the Act is applied to the award where the contract value is equal to or exceeds the EU thresholds. Under art. 131 b PPL (services in the field of defense and security), the Act is not applied if the value of a contract is less than the amounts of the EU thresholds. According to article 11 para 8 PPL the Prime Minister, by regulation, determines the thresholds. In December 2015 it was: 1. For public contracts awarded by contracting entities from the public finance sector, excluding public universities, state cultural institutions, state film institutions, local government units, public finance sector entities for which the founding or supervising body is a unit of local self-government and contracting entities which are state units organizational entities without legal personality: -EUR 5,225,000 - for construction works 2. For public contracts awarded by other contracting entities with the exception of sector orders: - EUR 5,225,000 - for construction works 3. For sector orders and contracts in the fields of defense and security: - EUR 5,225,000 - for construction works (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 4, paragraph (8); article 131b, article 133, paragraph (1); article 11, paragraph (8); )
What are the minimum application thresholds for the procurement type? (Product type SERVICES) EUR 30,000. The minimum contract value above which the public procurement law is applied is the equivalent amount of EUR 30,000 in PLN. This does not refer to utilities contracts, sector orders and contracts for supplies and services in the field of defense and security, research, experimental and development services, cultural and educational services Under art. 133 para 1 PPL (sector orders), the Act is applied to the award where the contract value is equal to or exceeds the EU thresholds. Under art. 131 b PPL (services in the field of defense and security), the Act is not applied if the value of a contract is less than the amounts of the EU thresholds. According to article 11 para 8 PPL the Prime Minister, by regulation, determines the thresholds. In December 2015 it was: 1. For public contracts awarded by contracting entities from the public finance sector, excluding public universities, state cultural institutions, state film institutions, local government units, public finance sector entities for which the founding or supervising body is a unit of local self-government and contracting entities which are state units organizational entities without legal personality: - EUR 135,000 - for supplies or services, 2. For public contracts awarded by other contracting entities with the exception of sector orders: - EUR 209,000 - for supplies or services, 3. For sector orders and contracts in the fields of defense and security: - EUR 418,000 - for supplies or services, Moreover, provisions of the new Chapter 6 of the Act (social services and other special services) are applied to the award where the contract value is equal to or exceeds than - EUR 750,000 - for contracts other than sector orders or contracts in fields of defense and security, - EUR 1,000,000 - for sector orders (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 4, paragraph (8); article 131b, article 133, paragraph (1); article 11, paragraph (8); Regulation of the Prime Minister of 28 th December, 2015 (Dz. U. poz. 2263); Regulation of the Minister of Development of 22 th August, 2016, amending Regulation of the Prime Minister of 28 th December, 2015 (Dz. U. poz.1386))

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. The Contracting entity is obliged to carry out the public procurement in a way that ensures fair competition, equality of treatment of contractors and in accordance with the principles of proportionality and transparency. The Act of public procurement law specifies what kind of tender documents must be published and what information must it contain. Contract notices must be published in one of the publicators depending on the contract value; Public Information Bulletin or Publications Office of the European Union. In case of open tendering procedure and restricted tendering procedure, it is obligatory for the contract notice and specification of essential terms of the contract to be available at the website of contracting authority. In case of any other procedures the contracting authority has a such possibility but it isn't mandatory. (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 7 paragraph (1); article 36, article 37; article 40 paragraph (1); article 41; article 42; article 48 paragraph (2); ; article 60c paragraph (1); article 73b, article 73c; article 75)
Are any of these documents published online at a central place? Yes. Contract notices are published in one of the publicators depending on the contract value; Public Information Bulletin (if the value of a contract is less than UE thresholds according to article 11 paragraph (8) PPL) or Publications Office of the European Union (if the value of a contract is equal or more than UE thresholds according to article 11 paragraph (8) PPL). In case of open tendering procedure and restricted tendering procedure the contracting authority shall place on its own webpage, a contract notice, which contains the necessary information according the public procurement law. Similarly, there are published any changing of the contract notice and immediately upon the award of a contract or its cancellation, the contracting authority shall place the information on the award of a contract or its cancellation. On the webpage of the contracting authority there are also published the answers to the questions of contractors . (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments) article 11, article 37, article 40 paragraphs 2 and 3, article 48 paragraph 1; article 62 paragraph 2a, article 66 paragraph 2, article 73c, article 75 paragraph 1, article 95 paragraphs 1 and 2, article 115 paragraph 3 and 4; article , article 134b)
Is it mandatory to keep all of 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. It is obligatory that the contracting authority prepare a written record of the contract award procedure (The Procurement Procedure Protocol) which includes at least: 1) description of the subject-matter of the contract; 2) information on the contract award procedure; 3) information on contractors; 4) price and other essential elements of the bids; 5) indication of the selected bid or bids. 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 Protocol.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. However, the Public Procurement Act only regulates the procedure up until the moment of signing the contract. It means that all the information on final payments, disbursement data, payment information are not subject to public disclosure under the law. (Public Procurement Law, 2004 (Dz. U z 2015. poz.2164 with amendments), articles 96-98)
Are contracts awarded within a framework agreement published (ie mini contracts)? Yes. If the value of the contract or of the framework agreement is less than the EU thresholds, the contracting authority, after the conclusion of the public procurement contract or the framework agreement, not later than within 30 days, shall 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, upon concluding a public procurement contract or a framework agreement, not later than within 30 days, shall dispatch a contract award notice to the Publications Office of the European Union. All the information about the scores and the contracts signed must be obligatory published, including mini-competitions. (Public Procurement Law, 2004 (Dz. U z 2015. poz.2164 with amendments), article 95)

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? No. The contracting authority requires from the contactor to indicate parts of a contract that it intends to subcontract and to provide the names of companies. For contracts relating to defense and security, the contracting authority may require from the contactor to indicate parts of a contract that it intends to subcontract and to provide the names of companies, to inform about any changes of subcontractors. The contracting authority may require the contractor to conclude subcontracts. In such a situation, the contractor shall initiate the subcontracting procedure by publishing a contract notice. (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 36b; article 131g paragraph (3), article 131m paragraph (1); article 131n)
If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. ( )

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands 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. Additionally, the subject-matter of the contract shall not be described by reference to trade marks, patents or origin, source or specific process characteristic of the goods or services delivered by a specific contractor if this could result in any favourable treatment or an elimination of certain contractors or goods unless this is justified by the nature of the subject-matter of the contract or where the contracting authority cannot otherwise describe the subject-matter of the contract with sufficient precision. In this kind of situation, when the contracting authority indicate some trade marks, patents or origin, the expression “or equivalent” must be used. According to art 30 paragraph 4 PPL, if the contracting authority descibes the subject-matter of the contract using standards, European Technical Approvals, approvals, technical specifications, and technical reference systems referred to in article 30 para. 1,2 and 3, it is required to indicate that it admits solutions equivalent to those described and to add an expression “or equivalent" (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 29 paragraphs 1-3; article 30.)
Is there a preferential treatment for small-to-medium enterprises (SMEs)? No. ( )
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. The general and fundamental principle is that the contracting entity is obliged to carry out the public procurement in a way that ensures fair competition and equality of treatment of contractors and in accordance with the principles of proportionality and transparency. Moreover, the amendment of the Act PPL of 2016 introduced a provision that, in the scope defined in the Government Procurement Agreement of the World Trade Organisation and other international agreements to which the European Union is a party, for contractors from the States-Parties to this Agreement, and to works, supplies and services coming from these states, a treatment no less favourable than treatment accorded to contractors (works, supplies and services) from the European Union must be guaranteed. (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 7)
Is there a specific set of rules for green/sustainable procurement? Yes. The Public Procurement Office prepared the National Action Plan for Sustainable Public Procurement for the years 2017-2020, according to article 154 para. 7 ("the President of the PPO develops training programs, organizes and inspires training in procurement"). The President of the PPO is also responsible for "drafts draft normative documents on procurement" (article 154 para. 1 PPL). The National Action Plan should be considered as a stand-alone document aimed at promoting sustainable public procurement. The reference to green procurement is also reflected in the national integrated strategies, including the "Energy Security and Environment Strategy - A Vision for 2020", "Efficient State 2020 Strategy", "Strategy for Innovativeness and Efficiency of Economy for 2012-2020", "Dynamic Poland" and "Strategy of Development of Social Capital". The Act PPL relates to environmental issues in the following Articles: article 30 para. 8 which says that in the case of contracts for works, the contracting authority may require the specific levels of influence on the environment and climate; article 91 para. 2 which says that the criteria for bids evaluation are price and cost or price and cost together with other criteria, in particular for example environmental aspects, including energy efficiency of the subject-matter of contract. According to article 91 para 8, the Regulation of the Prime Minister of 10 May 2011 on evaluation criteria other than a price in reference to certain types of public procurement, remains in force. The Regulation relates to the award of procurement contracts for the purchase of motor vehicles.(Dz.U No. 96, item 559). Offenses against the environment are also one of the grounds for tender exclusion article 24 para. 5 points (5 - 7). (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments) article 24 paragraph 5 (point 5-7); article 30, paragraph 8, article 91 paragraph 2 and 8, article 154 paragraph 1 and 7; Regulation of the Prime Minister of 10 May 2011 on evaluation criteria other than a price in reference to certain types of public procurement, was issued (Dz.U No. 96, item 559). )

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. The amendment of PPL in 2016 also introduced new grounds for exclusion, according to article 24 paragraph (1) PPL. Currently it applies to contractors: 12) who has not demonstrated fulfilment of conditions for participation in a procedure or has not been invited to negotiate or submit initial offers or tenders, or has not demonstrated lack of grounds for exclusion; 13) being a natural person who has been convicted with a final verdict for a criminal offence mentioned below for a period of 5 years after the verdict becomes valid); for terrorism, for fiscal offence (5 years), for a criminal offence referred to the consequences of entrusting the performance of work to foreigners staying in the Republic of Poland contrary to regulations (3 years); 14) whose a member of managing or supervisory body, partner in a general partnership or limited liability partnership, or general partner in a limited partnership or a limited joint-stock partnership, or a plenipotentiary has been convicted with a final verdict for a criminal offence mentioned in paragraph13; 15) for whom a final verdict or final administrative decisions has been issued on arrears in payment of taxes, levies, or social or health insurance premiums, unless the economic operator has paid due taxes, levies, and social or health insurance premiums with due interest or penalties, or entered into a binding agreement on the repayment of these liabilities (3 years); 16) which as a result of wilful misconduct or gross negligence misled the contracting authority when presenting information that it is not subject to exclusion, meets the conditions for participation in the procedure or the objective and non-discriminatory criteria, hereinafter referred to as “selection criteria”, or which concealed this information or is unable to present the required documents; 17) which as a result of recklessness or negligence presented information misleading the contracting authority, which could have significant influence on the decisions taken by the contracting authority in a contract award procedure; 18) who wrongfully influenced or attempted to influence the activities of the contracting authority or to obtain confidential information that could have given him an advantage in a contract award procedure (3 years); 19) who participated in the preparation of a contract award procedure or whose employee, as well as a person providing work to the contractor on the basis of any service contract, participated in the preparation of such a contract award procedure, unless the resulting distortion of competition can be eliminated in another way than by excluding him from the procedure; 20) who entered into an agreement with other economic operators, aimed at distortion of competition, which the contracting authority can demonstrate with the use of appropriate evidence (3 years); 21) who is a collective entity prohibited from applying for public contracts by court on the liability of collective entities for acts prohibited under penalty (the Act of 28 October 2002); 22) prohibited from applying for public contracts under a precautionary measure; 23) who belonging to the same capital group within the meaning of the Act on competition and consumer protection, submitted separate bids, partial bids, or requests to participate in a procedure, unless they prove that the links between them do not result in distortion of competition in the contract award procedure. The PPL determines also other grounds for exclusion, according to article 24 paragraph 5 PPL. The contracting authority may exclude contractors: 1) who is subject to liquidation proceedings, approved by court in restructuring proceedings, the satisfaction of creditors’ claims are envisaged by means of liquidation of the estate of the contractor or the court ordered the liquidation of the estate of the contractor, or whose bankruptcy has been declared, except for an contractor who, after its bankruptcy was declared, entered into an arrangement, which does not provide for the satisfaction of creditors’ claims by means of liquidation of the bankrupt’s estate, unless the court ordered liquidation of this estate; 2) who culpably infringed its professional obligations, in particular where the contractor, as a result of a deliberate action or gross negligence, failed to perform or performed unduly a contract, which the contracting authority can demonstrate with the use of relevant evidence (3 years), 3) if the contractor or the persons mentioned in point 14, authorised to represent the contractor, remain in relationships defined in Article 17 para. 1 (2) to (4) with: the contracting authority, or persons authorised to represent the contracting authority, or members of the tender committee, or persons who have submitted the declaration referred to in Article 17.2a, unless it is possible to secure impartiality on behalf of the contracting authority in another manner than by excluding him from the procedure; 4) who, of his guilt, failed to perform or performed to a significant extent unduly an earlier public contract or concession contract, entered into with the contracting authority, which resulted in terminating the contract or award of damages (3 years); 5) being a natural person convicted with a final verdict for an offence against employee rights or against the environment, if they were subjected to custodial sanctions, imprisonment, or fine of at least PLN 3000 for that offence (3 years); 6) whose member of its managing or supervisory body, partner in a general partnership or limited liability partnership, or general partner in a limited partnership or a limited joint-stock partnership, or a plenipotentiary has been convicted with a final verdict for an offence mentioned in point 5 (3 years); 7) for who a final administrative decision was issued on the infringement of obligations resulting from the provisions of labour law, environment protection law, or social security provisions, if a fine of above PLN 3000 was imposed (3 years); 8) who infringed the obligations relating to the payment of taxes, levies, or social or health insurance premiums, which the contracting authority is able to demonstrate with the use of relevant evidence, except for the case mentioned in point 15, unless the economic operator has paid due taxes, levies, and social or health insurance premiums with due interest or penalties, or entered into a binding agreement on the repayment of these liabilities. A contractor, may present evidence that the damage inflicted by a criminal offence or fiscal offence (point 13 and 14 as well as 16 to 20, or article 24 paragraph 5 PPL) has been redressed, or that a as compensation for non-material damage has been paid or the damage was redressed, with exhaustive description of the factual state and cooperation with the law enforcement authorities, as well as undertaking specific technical, organisational, and staff measures to prevent further offences. This shall not apply if with regard to a contractor that is a collective entity a prohibition from applying for a contract has been imposed by a final verdict during the period of its validity. In sector orders, offence on performance of work to foreigners staying in the Republic of Poland contrary to regulations as well as this mentioned in point 14 if the person referred to in this provisions has been convicted for a criminal offence on performance of work to foreigners staying in the Republic of Poland contrary to regulations, do not apply. (Public Procurement Law, 2004 (Dz. U z 2015. poz.2164 with amendments), article 24, article 133, paragraph 4)
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. No. PPL does not indicate automatic grounds for exclusion which could be applied at the date of a tender deadline. But article 89 indicates circumstances when the bid is rejected. They are for example: non-compliance with the Act; non-compliance with the specification; submission of the bid is an act of unfair competition; is submitted by an excluded contractor; contains an unusually low price or cost, contains errors in price or cost calculation; within 3 days from the submission of notification, the contractor did not agree to the correction of an error inconsistent with specification of essential terms of contract but not causing essential modifications of the content of the bid (Article 87 para. 2 item 3); has not granted the consent to extend the bid validity period (Article 85 para. 2); the bid bond has not been lodged or has been lodged in an incorrect manner; the variant bid does not comply with minimum requirements specified by the contracting authority; acceptance of the bid would infringe public security or essential security interests of the state, and this security or interests cannot be safeguarded in another manner. When it seems that the bid contains an unusually low price or cost the contracting authority rejects a bid only when the contractor hasn't proved that the bid doesn't contain an unusually low price or cost, or where the evaluation of explanations it confirmed. (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 89 and article 90)
Is scoring criteria published? Yes. The Act of public procurement law specifies what kind of tender documents must be published and what information must it contain. It is mandatory that the criteria and their weights are publicly available and provided in the contract notice. Moreover, they are stipulated in the specification of essential terms of the contract. (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 36 para 1 point 13, art. 41 point 9, art. 48 para. 2 point 10)
Are decisions always made by a committee? No. Below the EU thresholds, there is no requirement to set up a committee. If the value of a contract is equal or more than EU thresholds according to article 11 paragraph (8) PPL, the head of a contracting authority is obliged to set up a tender committee. If the value of a contract is less than EU thresholds according to article 11 paragraph (8) PPL, the head of a contracting authority has the option to set up a tender committee but this is not mandatory. (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 19, article 21)
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. Persons who perform actions in connection with the conduct of award procedures are excluted if they: 1) apply for the award of the contract, 2) remain in matrimony, consanguinity or affinity in direct line or indirect line up to second degree with the contractor or with members of its management board, 3) have been in employment or have had service contract with the contractor or have been mambers of its management board, in the previous three years, 4) remain in a legal or factual relationship with the contractor 5) have been validly sentenced for an offence committed in connection with a contract award procedure, for bribery, for an offence against economic turnover or for any other offence committed with the aim of gaining financial profits. Persons carrying out activities in a contract award procedure submit, under the pain of criminal liability for misrepresentation, a written statement on the lack or existence of the circumstances mentioned above. Before taking the statement, the head of the contracting authority or a person to whom the managing officer has entrusted activities in the procedure, warns the persons making the statement of criminal liability for misrepresentation. (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 17)
Is some part of evaluation committee mandatorily independent of contracting authority? No. The head of the contracting authority is responsible for the conduct of an award procedure. If the value of a contract is equal or more than UE thresholds, according to article 11 paragraph (8) PPL, the head of a contracting authority is obliged to set up a tender committee for the conduct of an award procedure .As a rule, members of the tender committee are the employees of the contracting authority. If the performance of specific actions 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 (Dz. U z 2015. poz. 2164 with amendments), article 15, article 18, article 19, article 20, article 21)
Are scoring results publicly available? Yes. The contracting authority informs all contractors about: 1) the selection of the best bid, providing the company name or name and surname, registered office or place of residence and address as well as scores in each contract award criterion, and the total results; 2) contractors excluded; 3) contractors whose tenders have been rejected, reasons for the rejection, as well as lack of equivalence to or lack of compliance with the performance or functionality requirements (Articles 89 para. 4 and 5); 4) contractors who have submitted tenders not subject to rejection but have not been invited to the next negotiation or dialogue stage; 5) admitting to a dynamic purchasing system; 6) no establishement of a dynamic purchasing system; 7) cancellation of the procedure together with factual and legal justification. The contracting authority makes the information mentioned in point 1 and 5 to 7 available on its website. Information from the bid opening of tenders together with the names of companies and prices as well as the information on the selection of the best bid must be published. The published selection information shall indicate the overall score for each contractor. However, the justification of the awarded points is contained in a protocol that is public but not published. It is obtained on demand. Within 30 days after contract is concluded, the contracting authority publishes the award information in Public Information Bulletin (if the value of a contract is less than UE thresholds according to article 11 paragraph (8) PPL) or Publications Office of the European Union (if the value of a contract is equal or more than UE thresholds according to article 11 paragraph (8) PPL). Moreover, It is obligatory that the contracting authority prepare a protocol (more described in Qual - 18) which, together with annexes attached thereto shall be open to the public. (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 92, article 95, article 96)
Does the law specify under which conditions the tender can be cancelled? Yes. Article 93 PPL determines the circumstances when the tender is canceled. There are: 1) no bid or no request to participate in the procedure has been submitted, 2) less than two non-rejectable bids have been submitted in the request-for-quotations tendering procedure, 3) less than two requests or no request has been submitted in e-bidding tendering procedure, 4) the price of best bid or the lowest price exceeds amount which contracting authority can allocate to the contract unless it has the ability to increase it, 5) additional offers of the same price have been submitted, 6) in case of essential change of circumstances causing that the contract is not in the general interest and it could not have been foreseen earlier, 7) award procedure encumbered with irreparable defect, Article 93 PPL determines also the circumstances when the Contracting authority has a possibility of canceling a tender. When the founds, which could be allocated to the contract from UE or EFTA, have not been granted and that kind of possibility has been forseen in the contract notice. The contracting authority may cancel a contract award procedure also if the number of contractors who meet the participation conditions is lower than the number of contractors specified in the contract notice. (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 93)

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. In open tendering procedure 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. Contract notices are published in one of the publicators depending on the contract value; Public Information Bulletin (if the value of a contract is less than UE thresholds according to article 11 paragraph (8) PPL) or Publications Office of the European Union (if the value of a contract is equal or more than UE thresholds according to article 11 paragraph (8) PPL). (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 40 )
Does the law specify the location for publicizing restricted calls for tenders? Yes. The rules for initiating the open tendering procedure (Article 40) apply to the initiate of restricted tendering procedures as well. In open tendering procedure 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. Contract notices are published in one of the publicators depending on the contract value; Public Information Bulletin (if the value of a contract is less than UE thresholds according to article 11 paragraph (8) PPL) or Publications Office of the European Union (if the value of a contract is equal or more than UE thresholds according to article 11 paragraph (8) PPL). (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 48 para. 1)
Does the law specify the location for publicizing negotiated calls for tenders? Yes. The rules for initiating the open tendering procedure (Article 40) apply to the initiate of negotiated tendering procedures as well. In open tendering procedure 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. Contract notices are published in one of the publicators depending on the contract value; Public Information Bulletin (if the value of a contract is less than UE thresholds according to article 11 paragraph (8) PPL) or Publications Office of the European Union (if the value of a contract is equal or more than UE thresholds according to article 11 paragraph (8) PPL). The provisions of Article 40 may not apply if the contracting authority invites to negotiations only all those contractors who timely submitted, in a previously conducted open-tender procedure or restricted procedure, bids corresponding in content to the tender specification, and were not subject to exclusion. (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 56 para. 1)

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? 5. The Act PPL specifies the minimum number of bidders for restricted procedures which must be specified in contract notice. The minimum number is 5 and maximum is 20. (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments) article 51 para. 1)
What is the minimum number of bidders for negotiated procedures? 3. The Act PPL specifies the minimum number of bidders for negotiated procedures which must be specified in the contract notice. The minimum number is 3. ( Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments) article 57 para. 2.)
What is the minimum number of bidders for competitive dialogue procedures? 3. The Act PPL specifies the minimum number of bidders for competitive dialogue procedures which must be specified in the contract notice. The minimum number is 3. ( Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments) article 60d para. 2)

Bidding period length

What are the minimum number of days for open procedures? 7. If the value of a contract is less than UE thresholds according to article 11 paragraph (8) PPL - the minimum number of days is 7 for supplies and services and for construction works - 14 days. If the value of a contract is equal or more than UE thresholds according to article 11 paragraph (8) PPL - the minimum number is 35 days from dispatch of the contract notice to Publications Office of the European Union. There is also a possibility to shorten the period to 15 days when a published prior information notice contained all information required in the case of a contract notice and was posted in the buyer profile at least 35 days and at most 12 months before the day on which the contract notice was submitted to the Publications Office of the European Union; or or there is an urgent need to award the contract and a shorter term for the submission of tenders is justified. (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 43)
What are the minimum number of days for restricted procedures? 7. If the value of a contract is less than UE thresholds according to article 11 paragraph (8) PPL - the minimum number of days is 7. If the value of a contract is equal or more than UE thresholds according to article 11 paragraph (8) PPL - the minimum number is 30 days from dispatch of the contract notice to Publications Office of the European Union. If there is an urgent need, the contracting authority has a possibility to shorten the period to 15 days from dispatch of the contract notice to Publications Office of the European Union. (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 49)
What are the minimum number of days  for competitive negotiated procedures? 7. The rules for resricted tendering procedure (Article 49 para. 1 and 2) apply to competitive negotiated procedures as well: If the value of a contract is less than UE thresholds according to article 11 paragraph (8) PPL - the minimum number of days is 7. If the value of a contract is equal or more than UE thresholds according to article 11 paragraph (8) PPL - the minimum number is 30 days from dispatch of the contract notice to Publications Office of the European Union. (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 56 paragraph (2))

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. The article 4 PPL says that the Act does not apply to: special procedures which the contracting authority is obliged to award on the basis of a procedure, other than stipulated in the Act of an international organisation or an international agreement between the Republic of Poland and one or more countries not EU- member, to obtain supplies, services or works for the purpose of implementation or conduct of a joint project; contracts entirely funded by an international organisation or an international financing institution, if a procedurethe other than defined in the Act is applyed; contracts funded in more than 50% by an international organisation or an international financing institution, if a procedure the other than defined in the Act is agreed; 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 services (with exceptions); some legal services; purchase, preparation, production of a programme or programme material intended for broadcasting, if intended for the purpose of provision of audio-visual or radio media services – awarded by suppliers of audio-visual or radio media services; purchase of broadcasting time or programme from suppliers of audio-visual or radio media services; purchase of property rights and other rights to buildings or real estates; specific financial services connecting to the issue, sale, purchase, or transfer of securities or other financial instruments or operations conducted with the European Financial Stability Facility and the European Stability Mechanism, loans and credits' civil defence, civil protection and prevention services (except for patient medical transport services) ; supply of rights for emission of greenhouse gases and other substances; specific services of the National Economy Bank; employment contracts; contracts classified in accordance with provisions on the protection of classified information or when it is required by essential security interests of the State or protection of public safety together with special security measures; arms, munitions or war materials trade; contracts concerning production and distribution of public documents, forms of strategic importance for national security, excise stamps; allocation of subsidies from public funds; contracts with values below EUR 30,000; contracts awarded by contracting authorities referred to in Article 3 para. 1 point 1-3a, where the main purpose is: permission to put the public a telecommunications networks or exploitation of public telecommunications networks, or provision of public telecommunications services by means of public telecommunications network; purchase of supplies, services or works from the central contacting authority or from the economic operators selected by him; works concessions and services concessions; contracts (sector orders) awarded organised by entities rending the following services: value-added services connected with ICT systems; financial services including in particular postal money orders and postal giro transfers, philatelic or logistics services; contracts awarded to budget economy unit by the public authority performing the functions of a founding body (under certain circumstances). The Act does not apply also to services in the field of defense and security, if the value of a contract is less than the amounts of the EU thresholds. The Act does not apply also to services in the field of defense and security, if the value of a contract is equal or more than the amounts of the EU thresholds in case of: specific procedure pursuant to an international agreement between Republic of Poland and one or several non-EU states, or an agreement made on ministerial level; specific procedure mentioned above, relating to the stationing of troops and to undertakings; specific procedure of an international organization if procurement must be awarded by the Republic of Poland in accordance with those procedure; where the application of PPL would oblige the contracting authority to supply information the disclosure of which is contradictory to the essential national security interests; for the purpose of intelligence purposes; awarded in the framework of a cooperative programme based on research and development, conducted jointly by the Republic of Poland and at least one other EU member state for the development of a new product; contracts awarded in a non-EU state, including civil purchases during the arrangement of troops, and forces mainly tasked with security protection; awarded by the government of the Republic of Poland to the government of another country and relating to: supplies (or works and services) of military equipment or sensitive equipment; financial services, with the exception of insurance services (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 4,article 4b article 131b)
Does the law specify the main types of institutions that must apply the public procurement law? Yes. The Act applies to public contracts awarded by: 1) the public finance sector units; 2) state organisational units not having legal personality, other than those specified in item 1; 3) legal persons, other than those specified in item 1, established for the specific purpose of meeting needs in the general interest, not having industrial or commercial character, if the entities referred to in this provision and in items 1 and 2, separately or jointly, directly or indirectly through another entity: a) finance them in more than 50%, or b) have more than half of shares or stocks, or c) supervise their manager board, or d) have the right to appoint more than a half of the members of their supervisory or managerial board (unless the legal person doesn't operate in ordinary market conditions, its aim is not to generate profit, and doesn't incur losses resulting from operations) 3a) associations of the entities referred to in items 1 and 2, or entities referred to in item 3; 4) entities other than those specified in items 1-3a, if the contract is awarded for the purposes of exercising one of the activities referred to in Article 132 (sector orders), if such an activity is exercised on the basis of special or exclusive rights, or if the entities, separately or jointly, directly or indirectly through another entity, have a dominant influence over them, in particular: b) have more than half of the shares or stocks, or c) have more than half of the votes resulting from the shares or stocks, or e) have the right to appoint more than a half of the members of their managerial board; 5) entities other than those specified in items 1 and 4, if all of the following circumstances occur: a) more than 50% of the value of the contract awarded by them is financed from public funds or by the entities referred to in items 1-3a, b) if the value of a contract is equal or more than UE thresholds according to article 11 paragraph (8) PPL c) the contract subject-matter is works comprising the activities in the field of water and land engineering (defined in Annex II to Directive 2014/24/EU), construction of hospitals, sport, recreation and leisure centres, school buildings, universities or buildings used by the public administration or services connected with such works; 6) entities with which concession for works contract was concluded insofar as they award contracts for the purpose of the execution of that concession. (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 3 paragraph (1))
Does the law specify the main procedure types or procurement methods permitted? Yes. The article 10 paragraph 1 PPL says that the basic procedures are: open tendering procedure and restricted tendering procedure. The contracting authority has a possibility to apply others modes like: negotiated tendering procedure with advert, competitive dialogue, negotiated tendering procedure without advert, single-source procurement procedure, request-for-quotations procedure, innovation partnership procedure or electronic bidding procedure, only in cases provided for by law. (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 10)
Is there a procurement arbitration court dedicated to public procurement cases? Yes. The National Appeal Chamber is a procurement arbitration court dedicated to public procurement cases. Article 172 PPL defines the basic tasks and organs of the National Appeal Chamber (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 172)
Is there a procurement regulatory body dedicated to public procurement? Yes. Public Procurement Office ("PPO") is a procurement regulatory body dedicated to public procurement. The President of the Public Procurement Office, appointed by the Minister competent for the economy, is a central government administration body dedicated to public procurement. The Public Procurement Board is the advisory body of the President of the Public Procurement Office. (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), articles 152 - 155; article 157 - 160)
Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? No. The only relevant provision refers to the jury in case of public competition which shall be composed exclusively of persons having the qualifications enabling them to evaluate the submitted designs, and where specific provisions require from participants in the contest particular professional authorisations , at least a third part of the jury members, including its chairman, must likewise hold the required authorisations. PPL specifies also the requirements for candidats for President of PPO and the Public Procurement Board's members. (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 112, paragraph 5; article 153 paragraph 2, article 158 paragraph 3.)
Is disclosure of final, beneficial owners required for placing a bid? No. ( )

Complaints

Is there a fee for arbitration procedure? Yes. According to regulation of the Prime Minister of 15th March, 2010 (Dz. U. number 41; poz. 238) the fee for an appeal lodged in the contract award procedure for supplies or services were the contract value is: 1) if the value of a contract is less than UE thresholds according to article 11 paragraph (8) PPL - 7,500 PLN 2) if the value of a contract is is equal or more than UE thresholds according to article 11 paragraph (8) PPL - 15,000 PLN. The fee for an appeal lodged in the contract award procedure for construction works were the contract value is: 1) lf the value of a contract is less than UE thresholds according to article 11 paragraph (8) PPL - 10,000 PLN 2) if the value of a contract is is equal or more than UE thresholds according to article 11 paragraph (8) PPL - 20,000 PLN. Regulation of the Prime Minister of 19 th December, 2016, amending Regulation of the Prime Minister of 15th March, 2010 (Dz. U. 2017 poz.47) introduces the fee for an appeal lodged in the contract award procedure for social services and other specific services whose value if the value of a contract is is equal or more than UE thresholds according to article 11 paragraph (8) PPL in amount of 15,000 PLN. (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 187 paragraph (2); 198 paragraph (2); Regulation of the Prime Minister of 15th March, 2010 (Dz. U. number 41; poz. 238) Regulation of the Prime Minister of 19 th December, 2016, amending Regulation of the Prime Minister of 15th March, 2010 (Dz. U. 2017 poz.47))
Is there a ban on contract signature until arbitration court decision (first instance court)? Yes. If the appeal is 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 (Dz. U z 2015. poz. 2164 with amendments) article 183)
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? 15. The Chamber examines the appeal within 15 days from the date of its submission to the Chairman of the Chamber. Ex officio the Chamber prepares the justification of the judgement and its copies shall be sent to the parties within 3 days. (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 189; article 196 paragraph (3 and 5))
Is there a requirement to publicly release arbitration court decisions ? No. The Chamber examines the appeal at an open public hearing. When there is a menace that some secret information can be disclosed, the Chamber can examines the appeal at a closed door hearing. The Chamber announces its judgement after closing the hearing in an open session and expresses orally the justyfication. Ex officio the Chamber prepares the justification of the judgement and its copies shall be sent to the parties or their plenipotentiaries within 3 days from the announcement of the judgement or – if there was no announcement – within 3 days from the day of the decision . (Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 189 paragraph (5 and 7), article 196, paragraph (3 and 5))

Qualitative data for 2017


Legislation

Public Procurement Law 2004 amended 2014 poz 1232 (Polish)pdf
Regulation of the Prime Minister of 15 March 2010 (Polish)pdf
Regulation of the Prime Minister of 10 May 2011 poz 559 (Polish)pdf
Public Procurement Law 2004 amended 2015 poz 2164 (Polish)pdf
Regulation of the Prime Minister of 28 December 2015 poz 2263 (Polish)pdf
Public Procurement Law 2004 amended 2016 poz 2260 (Polish)pdf
Regulation of the Minister of Development 22 August 2016 poz 1386 (Polish)pdf
Regulation of the Prime Minister of 19 Dec 2016 poz 47 (Polish)pdf