EUROPAM

European Public Accountability Mechanisms

Poland

Country score (European Average*)
  • 86(66) Political Financing
  • 61(53) Financial Disclosure
  • 28(37) Conflict of Interest
  • 35(59) Freedom of Information
  • 45(62) 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

20122015201620172020Trend
Bans and limits on private income8383838383
Public funding6262626262
Regulations on spending100100100100100
Reporting, oversight and sanctions92100100100100

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. 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. (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

Legislation

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

*Last update: 2017


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

20122015201620172020Trend
Disclosure items6548484868
Filing frequency6269696969
Sanctions5050505050
Monitoring and Oversight8181818181
Public access to declarations3138383838

Alternative Metric

20122015201620172020Trend
Head of State6161616163
Ministers2427272741
Members of Parliament8579797979
Civil servants6161616163

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 Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
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 Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
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 Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
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 Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
Loans and Debts No. Absent from legal framework. (General)
Income from outside employment/assets Yes. Absent from legal framework. (General)
Incompatibilities
Gifts received as a public official No. Absent from legal framework. (General)
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 Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
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 Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
Holding government contracts No. Absent from legal framework. (General)
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 Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework. (General)
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Concurrent employment of family members in public sector No. Absent from legal framework. (General)

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 Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
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 Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
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 Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework. (General)

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework. (General)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Non- filing of the declaration results in disciplinary sanctions. (Article 13 of the Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
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 Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))

Monitoring and Oversight

Depository body explicitly identified Yes. The depository body is the First President of the Supreme Court. (Article 10 of the Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
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 2020))
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 2020))
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 2020))

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 10.3 of the Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
Timing of information release specified No. Information contained in asset declarations is confidential and is not publicly available. (Article 10.3 of the Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
Location(s) of access specified No. Information contained in asset declarations is confidential and is not publicly available. (Article 10.3 of the Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
Cost of access specified No. Information contained in asset declarations is confidential and is not publicly available. (Article 10.3 of the Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))

Ministers

Disclosure items

Spouses and children included in disclosure Yes. Real estate property owned individually or jointly with the spouse (GRECO FIFTH EVALUATION ROUND 2018 - Preventing corruption and promoting integrity in central governments (top executive functions) and law enforcement agencies EVALUATION REPORT at pag 22 par. 68)
Income and Assets
Real estate Yes. Real estate property owned individually or jointly with the spouse (GRECO FIFTH EVALUATION ROUND 2018 - Preventing corruption and promoting integrity in central governments (top executive functions) and law enforcement agencies EVALUATION REPORT at pag 22 par. 68)
Movable assets Yes. Movable property in excess of PLN 10,000 (2,300 euros) (GRECO FIFTH EVALUATION ROUND 2018 - Preventing corruption and promoting integrity in central governments (top executive functions) and law enforcement agencies EVALUATION REPORT at pag 22 par. 69)
Cash Yes. Cash accumulated in the national or in a foreign currency (GRECO FIFTH EVALUATION ROUND 2018 - Preventing corruption and promoting integrity in central governments (top executive functions) and law enforcement agencies EVALUATION REPORT at pag 22 par. 68)
Loans and Debts Yes. Financial liabilities in excess of PLN 10,000 (2,300 euros) (GRECO FIFTH EVALUATION ROUND 2018 - Preventing corruption and promoting integrity in central governments (top executive functions) and law enforcement agencies EVALUATION REPORT at pag 22 par. 69)
Income from outside employment/assets Yes. Other additional information on financial activities and the possible income derived thereof (GRECO FIFTH EVALUATION ROUND 2018 - Preventing corruption and promoting integrity in central governments (top executive functions) and law enforcement agencies EVALUATION REPORT at pag 22 par. 70)
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 Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
Private firm ownership and/or stock holdings No. Membership of the declarant in the management / supervision / audit body of a commercial entity and membership in a foundation pursuing a business activity, the income derived from these activities, stocks and shares owned in commercial entities and the income derived thereof, shareholdings in commercial entities in excess of 10% of the total shareholding, (GRECO FIFTH EVALUATION ROUND 2018 - Preventing corruption and promoting integrity in central governments (top executive functions) and law enforcement agencies EVALUATION REPORT at pag 22 par. 68)
Ownership of state-owned enterprises (SOEs) No. Securities, acquisitions of property sold by the State or another public entity (GRECO FIFTH EVALUATION ROUND 2018 - Preventing corruption and promoting integrity in central governments (top executive functions) and law enforcement agencies EVALUATION REPORT at pag 22 par. 69)
Holding government contracts No. Absent from legal framework. (General)
Board member, advisor, or company officer of private firm Yes. Membership of the declarant in the management / supervision / audit body of a commercial entity and membership in a foundation pursuing a business activity, the income derived from these activities, stocks and shares owned in commercial entities and the income derived thereof, shareholdings in commercial entities in excess of 10% of the total shareholding, (GRECO FIFTH EVALUATION ROUND 2018 - Preventing corruption and promoting integrity in central governments (top executive functions) and law enforcement agencies EVALUATION REPORT at pag 22 par. 68)
Post-employment No. Absent from legal framework. (General)
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 Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Concurrent employment of family members in public sector No. Absent from legal framework. (General)

Filing frequency

Filing required upon taking office No. Absent from legal framework. (General)
Filing required upon leaving office No. Absent from legal framework. (General)
Filing required annually No. Absent from legal framework. (General)
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 Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))

Sanctions

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

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 Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
Enforcement body explicitly identified No. Absent from legal framework. (General)
Some agency assigned responsibility for verifying submission No. Absent from legal framework. (General)
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework. (General)

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 Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
Timing of information release specified Yes. The State Elections Committee, in a separate publication, makes public the information contained therein. (Article 12 of the Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
Location(s) of access specified Yes. The Register is maintained by the State Elections Committee. (Article 12 of the Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
Cost of access specified No. Absent from legal framework. (General)

Members of Parliament

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework. (General)
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 the discharge of their duties by Sejm deputies and senators (1996, last amended in 2018))
Movable assets Yes. The declaration should include movable assets worth more than PLN 10,000 (2,300 EUR) (Article 35 of the Act on the discharge of their duties by Sejm deputies and senators (1996, last amended in 2018))
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 the discharge of their duties by Sejm deputies and senators (1996, last amended in 2018))
Loans and Debts Yes. The declaration should include cash debts worth more than PLN 10,000 (2,300 EUR), including drawn credits and loans and the terms under which they have been granted (Article 35 of the Act on the discharge of their duties by Sejm deputies and senators (1996, last amended in 2018))
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 the discharge of their duties by Sejm deputies and senators (1996, last amended in 2018))
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 the discharge of their duties by Sejm deputies and senators (1996, last amended in 2018))
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 the discharge of their duties by Sejm deputies and senators (1996, last amended in 2018))
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 the discharge of their duties by Sejm deputies and senators (1996, last amended in 2018))
Holding government contracts No. Absent from legal framework. (General)
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 the discharge of their duties by Sejm deputies and senators (1996, last amended in 2018))
Post-employment No. Absent from legal framework. (General)
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 the discharge of their duties by Sejm deputies and senators (1996, last amended in 2018))
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Concurrent employment of family members in public sector No. Absent from legal framework. (General)

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 the discharge of their duties by Sejm deputies and senators (1996, last amended in 2018))
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 the discharge of their duties by Sejm deputies and senators (1996, last amended in 2018))
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 the discharge of their duties by Sejm deputies and senators (1996, last amended in 2018))
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 the discharge of their duties by Sejm deputies and senators (1996, last amended in 2018))

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 the discharge of their duties by Sejm deputies and senators (1996, last amended in 2018))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework. (General)
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 the discharge of their duties by Sejm deputies and senators (1996, last amended in 2018) Article 233 of the Penal Code (1997, last amended in 2020) 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 the discharge of their duties by Sejm deputies and senators (1996, last amended in 2018))
Enforcement body explicitly identified Yes. Speaker of Sejm for deputies, and Speaker of Senate for senators. (Article 35 of the Act on the discharge of their duties by Sejm deputies and senators (1996, last amended in 2018))
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 the discharge of their duties by Sejm deputies and senators (1996, last amended in 2018))
Some agency assigned responsibility for verifying accuracy Yes. Central Anticorruption Bureau is responsible for content verification. (Article 35 of the Act on the discharge of their duties by Sejm deputies and senators (1996, last amended in 2018))

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 the discharge of their duties by Sejm deputies and senators (1996, last amended in 2018))
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 the discharge of their duties by Sejm deputies and senators (1996, last amended in 2018))
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 the discharge of their duties by Sejm deputies and senators (1996, last amended in 2018))
Cost of access specified No. Absent from legal framework. (General)

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 Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended in 2019))
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 Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
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 Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
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 Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
Loans and Debts No. Absent from legal framework. (General)
Income from outside employment/assets Yes. Absent from legal framework. (General)
Incompatibilities
Gifts received as a public official No. Absent from legal framework. (General)
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 Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
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 Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
Holding government contracts No. Absent from legal framework. (General)
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 Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework. (General)
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Concurrent employment of family members in public sector No. Absent from legal framework. (General)

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 Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
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 Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
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 Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework. (General)

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework. (General)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Non- filing of the declaration results in disciplinary sanctions. (Article 13 of the Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
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 Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))

Monitoring and Oversight

Depository body explicitly identified Yes. The depository body is the First President of the Supreme Court. (Article 10 of the Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
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 2020))
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 2020))
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 2020))

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 10.3 of the Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
Timing of information release specified No. Information contained in asset declarations is confidential and is not publicly available. (Article 10.3 of the Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
Location(s) of access specified No. Information contained in asset declarations is confidential and is not publicly available. (Article 10.3 of the Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))
Cost of access specified No. Information contained in asset declarations is confidential and is not publicly available. (Article 10.3 of the Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions (1997, last amended 2019))

Legislation

Act on the Discharge of Their Duties by Sejm Deputies and Senators of 1996_POL (Polish)pdf
Central Anti-Corruption Bureau Act of 2006_POL (Polish)pdf
Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions of 1997_POL (Polish)pdf
Principles of Deputies' Ethics of 1998_POL (Polish)pdf
Penal Code of 1997_POL (Polish)pdf

*Last update: 2017


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

20122015201620172020Trend
Restrictions6857575768
Sanctions1725252517
Monitoring and Oversight02525250

Alternative Metric

20122015201620172020Trend
Head of State2028282820
Ministers2017171720
Members of Parliament3851515138
Civil servants3448484834

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. (General)
Accepting gifts No. Absent from legal framework. (General)
Private firm ownership and/or stock holdings Yes. The Head of State may not hold more than 10% of shares in commercial companies. (Article 4 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997))
Ownership of state-owned enterprises (SOEs) Yes. The Head of State may not hold more than 10% of shares in commercial companies. (Article 4 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997))
Holding government contracts Yes. The Head of State may not conduct business on his/her own account or jointly with others (does not include family farm). (Article 4 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997))
Board member, advisor, or company officer of private firm Yes. Head of State may not be a member of management, supervisory boards, or audit committees of commercial entities, cooperatives and funds involved in commercial activity. (Article 4 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997))
Post-employment Yes. Head of State cannot be employed or perform other business activities within one year of the end of their functions, if he/she participated in a decision making process relating to the matters with regards to those activities. (Article 7 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997))
Simultaneously holding policy-making position and policy-executing position Yes. The Head of State shall hold Noother offices nor discharge any public functions (Article 132 of the Constitution (1997))
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework. (General)

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. A person employing a public official in violation of the provisions of the act is subject to imprisonment or a fine. (Article 15 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. A person employing a public official in violation of the provisions of the act is subject to imprisonment or a fine. (Article 15 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997))

Monitoring and Oversight

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

Ministers

Restrictions

General restriction on conflict of interest Yes. Ministers shall not perform any activity inconsistent with their public duties. (Article 150 of the Constitution (1997))
Accepting gifts No. Absent from legal framework. (General)
Private firm ownership and/or stock holdings Yes. Ministers may not hold more than 10% of shares in commercial companies. (Article 4 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997))
Ownership of state-owned enterprises (SOEs) Yes. Ministers may not hold more than 10% of shares in commercial companies. (Article 4 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997))
Holding government contracts Yes. Ministers may not conduct business on his/her own account or jointly with others (does not include family farm). (Article 4 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997))
Board member, advisor, or company officer of private firm Yes. Ministers may not be members of management, supervisory boards, or audit committees of commercial entities, cooperatives and funds involved in commercial activity. (Article 4 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997))
Post-employment Yes. Ministers cannot be employed or perform other business activities within one year of the end of their functions, if he/she participated in a decision making process relating to the matters with regards to those activities. (Article 7 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997))
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework. (General)
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework. (General)

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. A person employing a public official in violation of the provisions of the act is subject to imprisonment or a fine. (Article 15 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. A person employing a public official in violation of the provisions of the act is subject to imprisonment or a fine. (Article 15 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997))

Monitoring and Oversight

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

Members of Parliament

Restrictions

General restriction on conflict of interest Yes. MPs may not be employed or perform other activities with commercial companies that could lead to suspicion of partiality or self-interest. (Article 4 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997) Article 30 of the Act on the Discharge of their Duties by Deputies and Senators (1996))
Accepting gifts No. Absent from legal framework. (General)
Private firm ownership and/or stock holdings Yes. MPs may not hold more than 10% of shares in commercial companies. Also MPs may not hold more than 10% of shares in companies with state involvement. (Article 34 of the Act on the Discharge of their Duties by Deputies and Senators (1996))
Ownership of state-owned enterprises (SOEs) Yes. MPs may not hold more than 10% of shares in commercial companies. Also MPs may not hold more than 10% of shares in companies with state involvement. (Article 34 of the Act on the Discharge of their Duties by Deputies and Senators (1996))
Holding government contracts Yes. MPs may not conduct business on their own account or jointly with others . (Article 4 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997))
Board member, advisor, or company officer of private firm Yes. MPs may not be members of management, supervisory boards, or audit committees of commercial entities, cooperatives and funds involved in commercial activity. MPs may not be members of management, control or auditing committees, or trading agents in state or municipal corporations. (Article 4 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997) Article 34 of the Act on the Discharge of their Duties by Deputies and Senators (1996))
Post-employment Yes. An MP cannot be employed or perform other business activities within one year of the end of their functions, if he/she participated in a decision making process relating to the matters in regards to those activities. (Article 7 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997))
Simultaneously holding policy-making position and policy-executing position Yes. The mandate of a Deputy or Senator shall not be held jointly with the listed offices. Also there is a list of functions that cannot be performed by MPs. (Article 103 and 108 of the Constitution (1997) Article 30 of the Act on the Discharge of their Duties by Deputies and Senators (1996))
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Assisting family or friends in obtaining employment in public sector Yes. A Deputy should not take advantage of his/her position in order to obtain benefits for himself/herself and close people and receive the benefits, which could affect his /her activity as a Deputy. (Article 3 of the Principles of Conduct/Ethics for Deputies (1998))

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. The person employing the public official in violation of the provisions of the act is subject to imprisonment or a fine. (Article 15 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. For the breach of rules of ethics Deputies shall be liable according to the internal procedural rules of Sejm. (Article 13 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997) Article 8 of the Principles of Conduct for Deputies (1998))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. The person employing the public official in violation of the provisions of the act is subject to imprisonment or a fine. (Article 15 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997))

Monitoring and Oversight

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

Civil servants

Restrictions

General restriction on conflict of interest Yes. A civil servant shall not undertake any activity that interferes with his duties and must not allow any suspicion on unification of public and private interests. (Article 4 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997) Article 4 of the Civil Service Code of Ethics (2002) Article 80 of the Law on Civil Service (2008))
Accepting gifts No. Absent from legal framework. (General)
Private firm ownership and/or stock holdings Yes. Civil servants may not hold more than 10% of shares in commercial companies. (Article 4 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997))
Ownership of state-owned enterprises (SOEs) Yes. Civil servants may not hold more than 10% of shares in commercial companies. (Article 4 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997))
Holding government contracts Yes. Civil servants may not conduct business on their own account or jointly with others . (Article 4 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997))
Board member, advisor, or company officer of private firm Yes. Civil servants may not be members of management or supervisory boards, or audit committees of commercial entities, cooperatives and funds involved in commercial activity. (Article 4 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997))
Post-employment Yes. A civil servant cannot be employed or perform other business activities within one year of the end of their functions, if he/she participated in a decision making process relating to the matters in regards to those activities. (Article 7 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997))
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework. (General)
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Assisting family or friends in obtaining employment in public sector Yes. A civil servant must be neutral and impartial in discharging his/her duties: must not allow any suspicion on unification of private with public interests and, in administrative issues, civil servant must not discriminate between persons and must not get influenced by relationships arising from family, friendship, work or membership. There cannot be a subordinate relationship between spouses or related persons and civil servants. (Article 4 of the Civil Service Code of Ethics (2002 Article 79 of the Law on Civil Service (2008))

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. A person employing a public official in violation of the provisions of the act is subject to imprisonment or a fine. (Article 15 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Violations of prohibitions listed in Article 4 of the Act subjects civil servants to disciplinary liability or results in termination of employment. (Article 5 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997) )
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. A person employing a public official in violation of the provisions of the act is subject to imprisonment or a fine. (Article 15 of the Limitations on Conducting Business Activity by Persons Performing Public Functions Act (1997))

Monitoring and Oversight

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

Legislation

Constitution of the Republic of Poland of 1997 (Polish)pdf
Act on Restricting the Conduct of Economic Activity by Persons Discharging Public Functions of 2019 (Polish)pdf
Act on the Exercise of the Mandate of a Deputy and Senator of 1982 (Polish)pdf
Principles of Deputies' Ethics of 1998 (Polish)pdf
Rules of Procedure of the Sejm of 1992 (Polish)pdf
Guidelines for Compliance with the Principles of Civil Service of 2011 (Polish)pdf

*Last update: 2017


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

20122015201620172020Trend
Scope and Coverage8282826969
Information access and release7171714242
Exceptions and Overrides6767503333
Sanctions for non-compliance6767333333
Monitoring and Oversight00000

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 2020)
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 2020)

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 2020)
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 2020)
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 2020)
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 2020)
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 2020)
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 2020)
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 2020 Articles 33 and 34 of the Law on Public Finances, 2009, amended 2020)
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 2020 Articles 33 and 34 of the Law on Public Finances, 2009, amended 2020)
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 2020)

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 2020)
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 2020)
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 2020)

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 2020)
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 2020)
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 2020)

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law Yes. Classified Information Protection Act, 1999 (Classified Information Protection Act, 2010, amended 2019)
Existence of personal privacy/data law Yes. Personal Data Protection Act, 2018 (Personal Data Protection Act, 2018)
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 2020 Articles 1 and 6 of Personal Data Protection Act, 2018 Articles 20 and 21 of the Classified Information Protection Act, 2010, amended 2019)
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)

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 2020 Articles 127-140 of the Code of Administrative Proceedings, 1960, amended 2019)
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 2020)

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 2020 Article 154(6) of the Law on Proceedings in Administrative Courts, 2002, amended 2020)
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 2020 )

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.

Legislation

Constitution of the Republic of Poland of 1997_POL (Polish)pdf
Law on Access to Public Information of 2001_POL (Polish)pdf
Law on Public Finances of 2009_POL (Polish)pdf
Law on Protection of Classified Information of 2010_POL (Polish)pdf
Law on the Protection of Personal Data of 2018_POL (Polish)pdf
Code of Administrative Proceedings of 1960_POL (Polish)pdf
Law on Proceedings in Administrative Courts of 2002_POL (Polish)pdf

*Last update: 2017


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

20122015201620172020Trend
Scope1009121
Information availability19324432
Evaluation88888881
Open competition56565656
Institutional arrangements36363636

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) PLN 130000. The minimum contract value above which the Public Procurement Law is applied is PLN 130,000 (~EUR 30,000). Additionally, EU thresholds apply. In 2020, the values mentioned in the EU Directives (2014/23/EU, 2014/24/EU, 2014/25/EU and e 2009/81/EC) are set, in PLN, as: 1. PLN 593,433, (EUR 139,000) for the procurement of goods and services awarded by central government authorities and for design contests organized by those authorities; the same threshold applies to selected contracts in the defence sector, i.e. those covered by Annex III of Directive 2014/24/EU; 2. PLN 913,630 (EUR 214,000) for the procurement of goods and services as well as for design contests awarded by sub central contracting authorities and for public supply contracts awarded by central government authorities that operate in the field of defence, where those contracts involve products not covered by Annex III; 3. PLN 22,840,755 (EUR 5,350,000) for public works. (Public Procurement Law of 2019, as amended in 2020, Arts. 2 (1) and 3 (1))
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) PLN 130000. The minimum contract value above which the Public Procurement Law is applied is PLN 130,000 (~EUR 30,000). Additionally, EU thresholds apply. In 2020, the values mentioned in the EU Directives (2014/23/EU, 2014/24/EU, 2014/25/EU and e 2009/81/EC) are set, in PLN, as: 1. PLN 593,433, (EUR 139,000) for the procurement of goods and services awarded by central government authorities and for design contests organized by those authorities; the same threshold applies to selected contracts in the defence sector, i.e. those covered by Annex III of Directive 2014/24/EU; 2. PLN 913,630 (EUR 214,000) for the procurement of goods and services as well as for design contests awarded by sub central contracting authorities and for public supply contracts awarded by central government authorities that operate in the field of defence, where those contracts involve products not covered by Annex III; 3. PLN 22,840,755 (EUR 5,350,000) for public works. (Public Procurement Law of 2019, as amended in 2020, Arts. 2 (1) and 3 (1))
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) PLN 130000. The minimum contract value above which the Public Procurement Law is applied is PLN 130,000 (~EUR 30,000). Additionally, EU thresholds apply. In 2020, the values mentioned in the EU Directives (2014/23/EU, 2014/24/EU, 2014/25/EU and e 2009/81/EC) are set, in PLN, as: 1. PLN 593,433, (EUR 139,000) for the procurement of goods and services awarded by central government authorities and for design contests organized by those authorities; the same threshold applies to selected contracts in the defence sector, i.e. those covered by Annex III of Directive 2014/24/EU; 2. PLN 913,630 (EUR 214,000) for the procurement of goods and services as well as for design contests awarded by sub central contracting authorities and for public supply contracts awarded by central government authorities that operate in the field of defence, where those contracts involve products not covered by Annex III; 3. PLN 22,840,755 (EUR 5,350,000) for public works. (Public Procurement Law of 2019, as amended in 2020, Arts. 2 (1) and 3 (1))

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) PLN 130000. The minimum contract value above which the Public Procurement Law is applied is PLN 130,000 (~EUR 30,000). Additionally, EU thresholds apply. In 2020, the values mentioned in the EU Directives (2014/23/EU, 2014/24/EU, 2014/25/EU and e 2009/81/EC) are set, in PLN, as: 1. PLN 593,433, (EUR 139,000) for the procurement of goods and services awarded by central government authorities and for design contests organized by those authorities; the same threshold applies to selected contracts in the defence sector, i.e. those covered by Annex III of Directive 2014/24/EU; 2. PLN 913,630 (EUR 214,000) for the procurement of goods and services as well as for design contests awarded by sub central contracting authorities and for public supply contracts awarded by central government authorities that operate in the field of defence, where those contracts involve products not covered by Annex III; 3. PLN 22,840,755 (EUR 5,350,000) for public works. (Public Procurement Law of 2019, as amended in 2020, Arts. 2 (1) and 3 (1))
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES; SECTOR ORDERS) PLN 1827260. In the utilities sector, the Public Procurement Law applies to contracts above EU thresholds. In 2020, these are: PLN 1,827,260 (EUR 428,000) for supply and service contracts as well as for design contests and PLN 22,840,755 (EUR 5,350,000) for works contracts. (Public Procurement Law of 2019, as amended in 2020, Arts. 2 (1) and 3 (2))
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) PLN 593433. In the defence and security sector, the Public Procurement Law applies to contracts above EU thresholds. (Public Procurement Law of 2019, as amended in 2020, Arts. 2 (1) and 3 (3))

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS - SUPPLIES) PLN 130000. The minimum contract value above which the Public Procurement Law is applied is PLN 130,000 (~EUR 30,000). Additionally, EU thresholds apply. In 2020, the values mentioned in the EU Directives (2014/23/EU, 2014/24/EU, 2014/25/EU and e 2009/81/EC) are set, in PLN, as: 1. PLN 593,433, (EUR 139,000) for the procurement of goods and services awarded by central government authorities and for design contests organized by those authorities; the same threshold applies to selected contracts in the defence sector, i.e. those covered by Annex III of Directive 2014/24/EU; 2. PLN 913,630 (EUR 214,000) for the procurement of goods and services as well as for design contests awarded by sub central contracting authorities and for public supply contracts awarded by central government authorities that operate in the field of defence, where those contracts involve products not covered by Annex III; 3. PLN 22,840,755 (EUR 5,350,000) for public works. (Public Procurement Law of 2019, as amended in 2020, Arts. 2 (1) and 3 (1))
What are the minimum application thresholds for the procurement type? (Product type WORKS) PLN 130000. The minimum contract value above which the Public Procurement Law is applied is PLN 130,000 (~EUR 30,000). Additionally, EU thresholds apply. In 2020, the values mentioned in the EU Directives (2014/23/EU, 2014/24/EU, 2014/25/EU and e 2009/81/EC) are set, in PLN, as: 1. PLN 593,433, (EUR 139,000) for the procurement of goods and services awarded by central government authorities and for design contests organized by those authorities; the same threshold applies to selected contracts in the defence sector, i.e. those covered by Annex III of Directive 2014/24/EU; 2. PLN 913,630 (EUR 214,000) for the procurement of goods and services as well as for design contests awarded by sub central contracting authorities and for public supply contracts awarded by central government authorities that operate in the field of defence, where those contracts involve products not covered by Annex III; 3. PLN 22,840,755 (EUR 5,350,000) for public works. (Public Procurement Law of 2019, as amended in 2020, Arts. 2 (1) and 3 (1))
What are the minimum application thresholds for the procurement type? (Product type SERVICES) PLN 130000. The minimum contract value above which the Public Procurement Law is applied is PLN 130,000 (~EUR 30,000). Additionally, EU thresholds apply. In 2020, the values mentioned in the EU Directives (2014/23/EU, 2014/24/EU, 2014/25/EU and e 2009/81/EC) are set, in PLN, as: 1. PLN 593,433, (EUR 139,000) for the procurement of goods and services awarded by central government authorities and for design contests organized by those authorities; the same threshold applies to selected contracts in the defence sector, i.e. those covered by Annex III of Directive 2014/24/EU; 2. PLN 913,630 (EUR 214,000) for the procurement of goods and services as well as for design contests awarded by sub central contracting authorities and for public supply contracts awarded by central government authorities that operate in the field of defence, where those contracts involve products not covered by Annex III; 3. PLN 22,840,755 (EUR 5,350,000) for public works. (Public Procurement Law of 2019, as amended in 2020, Arts. 2 (1) and 3 (1))

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. The contracting authority shall provide free, full, direct and unlimited access online to procurement documents/the specification of terms of the procurement ("SWZ"). Procurement documents must include/make reference to the following, at least and inter alia: 1) the name and address of the contracting authority, telephone number, e-mail address and website of the procedure being conducted; 2) the address of the website on which the changes and explanations of the content of the SWZ and other procurement documents directly related to the contract award procedure will be made available; 3) contract award procedure; 4) description of the subject of the contract; 5) information about the evidence in question; 6) order completion date; 7) grounds for exclusion, referred to in article 1. 108; 8) information on the terms of participation in the contract award procedure; 9) list of subjective means of proof; 10) information on the means of electronic communication with the use of which the contracting authority will communicate with economic operators, as well as information on technical and organizational requirements for drawing up, sending and receiving electronic correspondence; 11) information on the manner of communication between the awarding entity and economic operators other than by means of electronic communication, including in the event of one of the situations specified in Art. 65 sec. 1, art. 66 and art. 69; 12) an indication of the persons authorized to communicate with contractors; 13) offer validity period; 14) description of the method of preparing the offer; 15) the manner and time limit for submitting tenders; 16) date of opening tenders; 17) the method of calculating the price; 18) description of the tender evaluation criteria, including the weighting of these criteria and the method of evaluation of the offers; 19) information on formalities that must be completed after selecting an offer in order to conclude a public procurement contract; 20) draft provisions of the public procurement contract to be introduced into the public procurement contract; 21) information on legal protection measures available to the economic operator. (Public Procurement Law of 2019, as amended in 2020, Arts. 133 (1) and 134)
Are any of these documents published online at a central place? Yes. https://bzp.uzp.gov.pl/ https://ezamowienia.gov.pl/mo-client-board/bzp/list (Public Procurement Law of 2019, as amended in 2020, Arts. 267 and 269)
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. The contracting authority must document the course of the contract award procedure by drawing up a procedure protocol, which shall be kept with attachments for a period of 4 years from the date of completion of the contract award procedure, in a manner that guarantees its integrity, and shall include at least: 1) name and address of the contracting authority; 2) an indication of the subject and value of the contract; 3) information on the procedure for awarding the contract and indication of the circumstances justifying the application of the selected procedure, if the provisions of the Act provide for the conditions for the application of this procedure; 4) value of a public procurement contract, framework agreement or dynamic purchasing system; 5) reasons for waiving the requirement to use electronic means of communication when submitting requests to participate in the procedure or tenders, subjective means of proof or the relevant means of proof; 6) the results of examination and evaluation of tenders and requests to participate in the procedure, along with the names, surnames or names of contractors, tax identification numbers (NIP) or REGON identification numbers; 7) reasons for annulment of the procedure; 8) information about the existence of the circumstances referred to in Art. 56 sec. 2 and 3; 9) information on the submitted declarations referred to in Art. 56 sec. 4; 10) the name and surname or the name of the economic operator whose tender has been selected as the most advantageous, and the reasons for choosing his offer, and, if known, an indication of the part of the contract or framework agreement that the economic operator intends to entrust to subcontractors, as well as the names and surnames or the names of any subcontractors, if already known; 11) names and surnames of the members of the tender committee and other persons who performed activities in the conducted procedure; 12) justification of the extraordinary circumstances referred to in Art. 415 paragraph. 3 or in art. 422 paragraph. 3, for contracts in the fields of defense and security; 13) justification for exceeding the limit of 50% of the contract value referred to in Art. 455 paragraph. 1 point 3 lit. c, for a contract in the fields of defense and security. The contracting authority is not obliged to include in the protocol of the procedure the information provided in the contract notice, provided that this notice is attached to the protocol of the procedure. Tenders, expert opinions, statements, information from a meeting with contractors, notifications, motions, proof of submitting the notice to the Publications Office of the European Union, other documents and information submitted by the contracting authority and contractors, and a public procurement contract constitute attachments to the protocol of the procedure. The protocol of the procedure is open and made available upon request. Attachments to the protocol of the procedure are made available after the selection of the best offer or the cancellation of the procedure, provided that certain conditions are met. (Public Procurement Law of 2019, as amended in 2020, Arts. 71-74, 78 and 79)
Are contracts awarded within a framework agreement published (ie mini contracts)? No. It is not mandatory - the contracting authority has the discretionary power to not provide the Publications Office of the European Union with an announcement containing information on awarding a contract covered by a framework agreement or on the cancellation of the procedure for granting such a contract. If the awarding entity submits to the Publications Office of the European Union a notice containing information on the award of a contract covered by a framework agreement or the cancellation of the procedure for granting such a contract, the provisions of art. 265 (2) of the Public Procurement Act shall apply. (Public Procurement Law of 2019, as amended in 2020, Arts. 265 and 390)

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? No. There is no express mention about the mandatory nature of publicly disclosing information on subcontractors. For contracts above EU thresholds, contract award notices may contain such information. For contrats below EU thresholds, the procedure protocol, which is publicly available, must contain the draft provisions to be introduced into the public procurement contract. If these draft provisions make reference to subcontractors, such information is bound to be made public. (Public Procurement Law of 2019, as amended in 2020, Arts. 74 (1), 79, 134 (1) 20., 265, 267, 421 (5) 6., 437 (1) 1. 3., 464 (1) (5) (8) (9))
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 of the contract may not be described in a way that could hinder fair competition, in particular by indicating trademarks, patents or provenance, the source or a specific process that characterizes the products or services provided by a particular economic operator, if this could lead to favors or elimination some contractors or products. The subject of the contract may be described by indicating the trademarks, patents or origin, source or specific process that characterizes the products or services provided by a specific contractor, if the contracting authority cannot describe the subject of the contract in a sufficiently precise and comprehensible manner, and the indication is accompanied by the words "or equivalent ". (Public Procurement Law of 2019, as amended in 2020, Art. 99)
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 contracting authority shall prepare and conduct the procurement procedure in the following manner: 1) ensuring fair competition and equal treatment of contractors; 2) transparent; 3) proportional. (Public Procurement Law of 2019, as amended in 2020, Art. 16)
Is there a specific set of rules for green/sustainable procurement? Yes. Environmental considerations are taken into account generally and as an integral part of the awarding criteria. (Public Procurement Law of 2019, as amended in 2020, Arts. 17, 83 (3) 4., 96, 101 (1), 102 (1), 104, 116 (1), 242 (2) 3. and 400 (1) 2. (7) 1.)

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. Main grounds for exclusion include: 1. distortion of competition caused by a contractor's involvement in the preparation of a contract award procedure, which cannot be eliminated otherwise than by excluding the contractor from participation in this procedure; 2. criminal conviction for: a) participation in a criminal organisation; b) human trafficking; c) financing of or participation in terrorist activities; d) child and illegal foreign labour; e) fraud; 3. lack of payment of taxes or social security contributions; 4. legal prohibition to tender in public procurement procedures (debarment); 5. collusion between tenderers to distort competition; 6. in the case of a contract with a value equal to or exceeding the PLN equivalent of the amount for works - EUR 20,000,000, and for supplies or services - EUR 10,000,000, a contractor who prevents or makes it difficult to determine the criminal origin of money or hides its origin, due to the inability to determine the beneficial owner, within the meaning of Art. 2 clause 2 point 1 of the Act of March 1, 2018 on counteracting money laundering and financing of terrorism. (Public Procurement Law of 2019, as amended in 2020, Arts. 85 (2) and 108)
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. Yes. The contracting authority rejects the offer if: 1) was submitted after the deadline for submitting tenders; 2) was submitted by the contractor: a) excluded from the procedure; or b) not meeting the conditions for participation in the procedure; or c) who has not submitted the declaration referred to in Art. 125 sec. 1, or the subject evidence, confirming the lack of grounds for exclusion or meeting the conditions for participation in the proceedings, the subject evidence, or other documents or statements; 3) is inconsistent with the provisions of the Act; 4) is invalid on the basis of separate provisions; 5) its content is inconsistent with the terms of the contract; 6) has not been prepared or submitted in a manner compliant with the technical and organizational requirements for the preparation or transmission of tenders using electronic means of communication specified by the contracting authority; 7) was submitted under the conditions of an act of unfair competition within the meaning of the Act of April 16, 1993 on combating unfair competition; 8) it contains an abnormally low price or cost in relation to the subject of the contract; 9) has been submitted by an economic operator not invited to submit tenders; 10) it contains errors in the calculation of the price or cost; 11) the contractor within the prescribed period questioned the correction of the error referred to in Art. 223 paragraph. 2 point 3; 12) the contractor has not expressed its consent in writing to extend the tender validity period; 13) the contractor did not express consent in writing to the selection of his offer after the expiry of the offer binding period; 14) the contractor did not lodge the bid security, or incorrectly or did not keep the bid bond continuously until the expiry of the tender validity period or submitted an application for the return of the bid security in the case referred to in Art. 98 sec. 2 point 3; 15) variant offer has not been submitted or does not meet the minimum requirements specified by the awarding entity, if the awarding entity required its submission; 16) its adoption would violate public security or an essential interest of the state's security, and this security or interest cannot be guaranteed in any other way; 17) it includes IT devices or software indicated in the recommendation referred to in Art. 33 paragraph. 4 of the Act of 5 July 2018 on the national cybersecurity system (Journal of Laws item 1560), stating their negative impact on public safety or national security; 18) was submitted without an on-site visit or without checking the documents necessary for the performance of the contract available at the contracting authority's site, if required by the contracting authority in the contract documents. The provisions of para. 1, however, in the procurement procedure for supplies or services, a variant offer is not subject to rejection only on the grounds that its selection would lead to the award of a service contract instead of a supply contract or to the award of a contract for delivery in lieu of an order for services. Additionally, if the offered price or cost, or their essential components seem abnormally low in relation to the subject of the contract or raise doubts of the contracting authority as to the possibility of performing the subject of the contract in accordance with the requirements specified in the procurement documents or resulting from separate provisions, the contracting authority requests the contractor explanations, including submission of evidence regarding the calculation of the price or cost, or their essential components. In the case of contracts for construction works or services, the contracting authority is obliged to demand explanations referred to in Art. 224 para. 1, at least to the extent specified in Art. 224 para. 3 points 4 and 6. The contractor shall be obliged to prove that the offer does not contain abnormally low price or cost. The offer of the contractor who did not provide explanations within the prescribed period, or if the submitted explanations together with evidence do not justify the price or cost stated in the offer, shall be rejected as an offer with an abnormally low price or cost. (Public Procurement Law of 2019, as amended in 2020, Arts. 224 and 226)
Is scoring criteria published? Yes. Procurement documents must contain at least a description of the bid evaluation criteria, including the weighting of these criteria and the bid evaluation method. (Public Procurement Law of 2019, as amended in 2020, Arts. 134 (1) 18. and 240 (1))
Are decisions always made by a committee? No. If the contract value is equal to or exceeds the EU thresholds, the head of the awarding entity must appoint a commission to conduct the contract award procedure, the "tender committee". If the contract value is lower than the EU thresholds, the head of the awarding entity has to option to appoint a tender committee, but it is not mandatory. The tender committee may be permanent or it may be appointed to prepare and conduct specific procedures. (Public Procurement Law of 2019, as amended in 2020, Arts. 53 and 54)
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. The head of the contracting authority, a member of the tender committee and other persons performing activities related to the conduct of the contract award procedure on the part of the contracting authority or persons who may influence the result of this procedure or persons awarding the contract shall be excluded from performing these activities, if on their side there is a conflict of interest. A conflict of interest occurs when these persons: 1. are competing for the award of this contract; 2. are married, in a relationship of kinship or affinity in a straight line, kinship or affinity in the collateral line up to the second degree, or are related to adoption, custody or guardianship, or they remain in cohabitation with the contractor, his legal representative or members of organs the management or supervisory bodies of economic operators applying for the award of the contract; 3. in the period of 3 years prior to the commencement of the contract award procedure, they were in an employment or order relationship with a contractor, received remuneration from the contractor on other grounds or were members of management bodies or supervisory bodies of contractors applying for the contract; 4. they are in such a legal or actual relationship with the economic operator that there is a justified doubt as to their impartiality or independence in connection with the contract award procedure due to having a direct or indirect financial, economic or personal interest in a specific outcome of this procedure. Moreover, the head of the contracting authority, a member of the tender committee and other persons performing activities related to the conduct of the contract award procedure on the part of the contracting authority or persons who may influence the outcome of this procedure or persons awarding the contract shall be excluded from performing these activities, if they have been legally convicted of specified offenses. (Public Procurement Law of 2019, as amended in 2020, Art. 56)
Is some part of evaluation committee mandatorily independent of contracting authority? No. Members of the tender committee are appointed and dismissed by the head of the awarding entity. The tender committee shall consist of at least three members. The head of the awarding entity shall define the organization, composition, work procedure and scope of duties of the members of the tender committee, with the aim of ensuring the efficiency of its operation, individualisation of the responsibility of its members for the performed activities and transparency of its work. If the performance of specific activities related to the preparation and conduct of the contract award procedure requires special knowledge, the head of the awarding entity, on his own initiative or at the request of the tender committee, may appoint experts. (Public Procurement Law of 2019, as amended in 2020, Art. 55)
Are scoring results publicly available? Yes. 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. The justification of the awarded points is contained in a protocol that is public but not published. It is obtained on demand. (Public Procurement Law of 2019, as amended in 2020, Arts. 74, 134 and 147)
Does the law specify under which conditions the tender can be cancelled? Yes. The contracting authority shall cancel the contract award procedure if: 1) no request to participate in the procedure or any tender has been submitted; 2) all submitted requests to participate in the procedure or tenders were subject to rejection; 3) the price or cost of the best offer or the offer with the lowest price exceeds the amount that the awarding entity intends to spend on financing the contract, unless the awarding entity may increase this amount to the price or cost of the best tender; 4) in the cases referred to in Art. 248 paragraph. 3, art. 249 and art. 250 sec. 2, additional offers of the same price or cost have been submitted; 5) there has been a significant change in circumstances causing that the conduct of the procedure or the performance of the contract is not in the public interest, which could not have been foreseen earlier; 6) the procedure is encumbered with an irremovable defect which prevents the conclusion of a public procurement contract that cannot be invalidated; 7) the contractor has failed to provide the required security on due performance of the contract or has failed to conclude a public procurement contract, taking into account Art. 263; 8) under the single-source procurement procedure, the negotiations did not lead to the conclusion of a public procurement contract. Additional conditions under which the tender can be cancelled are provided for by Arts. 256 to 261 and 355 of the Public Procurement Law. (Public Procurement Law of 2019, as amended in 2020, 255-261 and 355)

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. Public Information Bulletin (below EU thresholds) and Publications Office of the European Union (above EU thresholds) (Public Procurement Law of 2019, as amended in 2020, Arts. 61 (1), 86, 88 (1), 267 and 269)
Does the law specify the location for publicizing restricted calls for tenders? Yes. Public Information Bulletin (below EU thresholds) and Publications Office of the European Union (above EU thresholds) (Public Procurement Law of 2019, as amended in 2020, Arts. 61 (1), 86, 88 (1), 267 and 269)
Does the law specify the location for publicizing negotiated calls for tenders? Yes. Public Information Bulletin (below EU thresholds) and Publications Office of the European Union (above EU thresholds) (Public Procurement Law of 2019, as amended in 2020, Arts. 61 (1), 86, 88 (1), 267 and 269)

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? General. The contracting authority may limit the number of economic operators invited to submit tenders whose applications to participate in the procedure were not subject to rejection, provided that this number is sufficient to ensure competition and is not less than 5. (Public Procurement Law of 2019, as amended in 2020, Art. 148 (1))
What is the minimum number of bidders for negotiated procedures? General. In negotiated procedures with prior publication, the contracting authority may limit the number of economic operators invited to submit initial offers, whose applications were not subject to rejection, provided that the number this is sufficient to ensure competition and is not less than 3. In negotiated procedures without publication, the contracting authority invites contractors to negotiate in a number ensuring competition, not less than 3, unless, due to the specialized nature of the contract, the number of contractors who can perform it is smaller, but not less than 2. (Public Procurement Law of 2019, as amended in 2020, Arts. 159 (1) and 210 (3))
What is the minimum number of bidders for competitive dialogue procedures? General. The contracting authority may limit the number of economic operators invited to the dialogue, whose applications were not subject to rejection, provided that this number is sufficient to ensure competition and is not less than 3. (Public Procurement Law of 2019, as amended in 2020, Art. 177 (1))

Bidding period length

What are the minimum number of days for open procedures? General. If the value of a contract falls below EU thresholds, the contracting authority shall set the deadline for submitting tenders taking into account the complexity of the contract and the time needed to prepare them. However, in the case of supplies and services, this deadline may not be shorter than 7 days from the date of publication of the notice in the Public Procurement Bulletin, and in the case of construction works may not be less than 14 days from the date of publishing the announcement in the Public Procurement Bulletin. If the value of a contract is equal or above EU thresholds, the minimum number is 35 days from dispatch of the contract notice to the Publications Office of the European Union. (Public Procurement Law of 2019, as amended in 2020, Arts. 138 (1), 275 and 283)
What are the minimum number of days for restricted procedures? General. If the value of a contract falls below EU thresholds, the contracting authority shall set the deadline for submitting tenders taking into account the complexity of the contract and the time needed to prepare them. However, in the case of supplies and services, this deadline may not be shorter than 7 days from the date of publication of the notice in the Public Procurement Bulletin, and in the case of construction works may not be less than 14 days from the date of publishing the announcement in the Public Procurement Bulletin. If the value of a contract is equal or above EU thresholds, the minimum number is 30 days from dispatch of the invitation to tender. (Public Procurement Law of 2019, as amended in 2020, Arts. 151 (1), 275 and 283)
What are the minimum number of days  for competitive negotiated procedures? General. If the value of a contract falls below EU thresholds, the contracting authority shall set the deadline for submitting tenders taking into account the complexity of the contract and the time needed to prepare them. However, in the case of supplies and services, this deadline may not be shorter than 7 days from the date of publication of the notice in the Public Procurement Bulletin, and in the case of construction works may not be less than 14 days from the date of publishing the announcement in the Public Procurement Bulletin. If the value of a contract is equal or above EU thresholds, the minimum number is 30 days from dispatch invitations to tender. (Public Procurement Law of 2019, as amended in 2020, Arts. 162 (1), 275 and 283)

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. Main exceptions include, inter alia: 1. classic contracts and sectoral contracts, or competitions: 1) which the awarding entity is obliged to provide or which it is obliged to carry out on the basis of a procedure other than that specified in the Procurement Law: a) an international organization, b) resulting from an agreement creating an international legal obligation, such as an international agreement concluded between the Republic of Poland and one or more countries which are not members of the EU, in order to obtain supplies, services or works for the purpose of implementing or conducting a joint venture; 2) entirely financed by an international organization or an international financing institution, if the contracting authority applies to these contracts or contests a procedure other than specified in the Law, of an international organization or an international financing institution; 3) financed in more than 50% by an international organization or an international financing institution, if they have been agreed to apply to these contracts or contests, procedures of an international organization or international financing institution other than those specified in the Law; 2. contracts or contests awarded by 1) Narodowy Bank Polski related to: a) performing tasks related to the implementation of monetary policy, and in particular contracts for financial services related to the issue, sale, purchase and transfer of securities or other financial instruments; b) trading in securities issued by the State Treasury; c) handling domestic debt and foreign debt management; d) the issuance of money marks and the management of these signs; e) accumulation of foreign exchange reserves and management of these reserves; f) collecting gold and precious metals; g) keeping bank accounts and conducting bank money settlements; 2) Bank Gospodarstwa Krajowego: a) related to the implementation of tasks related to the management of funds created, entrusted or transferred to Bank Gospodarstwa Krajowego and the implementation of government programs, in the part concerning: - keeping bank accounts, carrying out bank accounts cash settlements and activities on the interbank market, - raising funds to ensure liquidity financial, financing activities of the operated funds and programs as well as refinancing of lending; b) related to operations on the interbank market concerning Treasury debt management and state budget liquidity; c) related to the performance of banking activities by the Bank Gospodarstwa Krajowego, in the part concerning: - opening and maintaining bank accounts, carrying out bank cash settlements and market activities interbank, - raising funds to ensure financial liquidity and refinancing of lending, (d) with a value below the Union thresholds; 3) public awarding entities and subsidized awarding entities, in order to conduct activities in the field of: a) providing a public telecommunications network or b) operation of the public telecommunications network, or c) providing publicly available telecommunications services over a public telecommunications network; 4) sectoral awarding entities, performing sectoral activity in the field of postal services, in order to provide services: a) with added value related to ICT systems within the meaning of the Act of 18 July 2002 on the provision of electronic services, only by means of such systems, including the secure transmission of encrypted documents via teleinformation systems, address management services and sending registered e-mail; b) financial, covered by certain CPV codes, in particular postal money orders and postal transfers to the account; c) philatelic or logistic; 5) a bridge institution referred to in Art. 2 point 26 of the Act of June 10, 2016 on the Bank Guarantee Fund, the deposit guarantee system and forced restructuring, or the entity managing assets. (Public Procurement Law of 2019, as amended in 2020, Arts. 9-14)
Does the law specify the main types of institutions that must apply the public procurement law? Yes. The provisions of the Public Procurement Law apply to public awarding entities, which are: 1) units of the public finance sector within the meaning of the provisions of the Act of 27 August 2009 on Public Finance; 2) state organizational units without legal personality other than those specified in item 1; 3) legal persons other than those specified in point 1, established for the specific purpose of meeting the needs of a general nature, not having an industrial or commercial character, if the entities referred to in that provision and in points 1 and 2, individually or jointly, directly or indirectly through another entity: a) finance them in more than 50% or b) they hold more than half of the shares or stocks, or c) supervise the management body, or d) have the power to appoint more than half of the supervisory body or the manager; 4) associations of entities referred to in item 1 or 2, or entities referred to in item 3. Provisions also apply to sectoral awarding entities, which are: 1) public awarding entities to the extent that they perform one of the types sectoral activities referred to in para. 4; 2) entities other than those specified in item 1 that perform one of the sectoral activities referred to in par. 4, and on which public awarding entities, individually or jointly, directly or indirectly through another entity, exercise a dominant influence, in particular: a) they hold more than half of the shares or stocks or b) hold more than half of the votes resulting from shares or stocks, or c) have the power to appoint more than half of the supervisory or management body; 3) entities other than those specified in items 1 and 2 that perform one of the sectoral activities referred to in par. 4, if this activity is performed on the basis of special or exclusive rights. (Public Procurement Law of 2019, as amended in 2020, Arts. 4 and 5)
Does the law specify the main procedure types or procurement methods permitted? Yes. Public awarding entities and subsidized awarding entities shall award contracts in one of the following procedures: 1) open tender; 2) restricted tender; 3) negotiated with publication; 4) competitive dialogue; 5) innovative partnership; 6) negotiation without publication; 7) single-source procurement. The awarding entity may award a contract under the open tendering procedure and a restricted tendering procedure, and in other procedures, the awarding entity may award a contract in the cases specified the Publlic Procurement Act. (Public Procurement Law of 2019, as amended in 2020, Art. 129)
Is there a procurement arbitration court dedicated to public procurement cases? Yes. The National Appeal Chamber ("Krajowa Izba Odwoławcz") is a procurement arbitration court dedicated to public procurement cases. Article 473 defines the basic tasks and organs of the National Appeal Chamber. (Public Procurement Law of 2019, as amended in 2020, Arts. 473, 505 and 513)
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 ("Prezes Urzędu"), 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 of 2019, as amended in 2020, Arts. 466-469)
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 design competitions 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. The Public Procurement Law specifies also the requirements for candidats for President of PPO and the Public Procurement Board's members. (Public Procurement Law of 2019, as amended in 2020, Arts. 335 (4) and 468 (2))
Is disclosure of final, beneficial owners required for placing a bid? No. ( )

Complaints

Is there a fee for arbitration procedure? Yes. The Public Procurement Law stipulates that a Regulation should determine the amount and method of collecting the fee for the appeal, taking into account the different amount of the fee depending on the value and type of the contract, as well as the fact that the fee cannot be higher than PLN 20,000, and taking into account the available forms of payment. According to the Regulation of the Prime Minister of 15 March 2010, the fee for an appeal lodged in the contract award procedure for supplies or services where the contract value is: 1) if the value of a contract is below EU thresholds, 7,500 PLN; 2) if the value of a contract is is equal or above EU thresholds, 15,000 PLN. The fee for an appeal lodged in the contract award procedure for construction works where the contract value is: 1) lf the value of a contract is below EU thresholds, 10,000 PLN; 2) if the value of a contract is is equal or above EU thresholds, 20,000 PLN. (Public Procurement Law of 2019, as amended in 2020, Arts. 516 (2) 1., 517 (1) 2. (2), 519 and 576 (1) Regulation of the Prime Minister of 15 March 2010, as amended in 2018, § 1.1)
Is there a ban on contract signature until arbitration court decision (first instance court)? Yes. In the event of an appeal, the awarding entity may not conclude a contract until the Chamber announces the judgment or the decision concluding the appeal procedure. The awarding entity may submit to the Chamber an application to revoke the prohibition to conclude a contract. The Chamber may revoke the ban on concluding a contract if: 1) failure to conclude a contract could result in negative effects for the public interest, exceeding the benefits associated with the need to protect all interests with regard to which there is a likelihood of sustaining damage as a result of actions taken by the contracting authority in the contract award procedure; 2) the awarding entity made it plausible that the appeal is brought only in order to prevent the conclusion of the contract. (Public Procurement Law of 2019, as amended in 2020, Arts. 473 (1) 2., 577 and 578 (1) (2))
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? General. The Chamber shall consider the appeal within 15 days from the date of its delivery to the President of the Chamber. The Chamber shall announce its verdict after closing the hearing, in open court, and orally state the reasons for the decision. The absence of the parties does not suspend the announcement of the judgment. In a complicated matter, the Chamber may postpone the announcement of the judgment for a period not longer than 5 days. In the decision to postpone the announcement of the ruling, the Chamber sets the date of its announcement. If the announcement was postponed, it may be made by the chairman of the adjudicating bench or a member appointed by the President of the Chamber adjudicating panel. (Public Procurement Law of 2019, as amended in 2020, Arts. 544 (1), 558 and 559)
Is there a requirement to publicly release arbitration court decisions ? Yes. The Chamber shall announce its verdict after closing the hearing, in open court, and orally state the reasons for the decision. The Chamber shall ex officio prepare a justification of the judgment within 7 days from the date of announcement of the judgment. The statement of reasons for the decision includes an indication of the factual basis of the decision, including the establishment of the facts which the Chamber considered to be proven, evidence on which it relied, and the reasons for which it refused to be credible and probative for other evidence, and an indication of the legal basis of the decision, quoting legal provisions. Decisions can be found at: https://www.uzp.gov.pl/kio/orzecznictwo/wyroki (Public Procurement Law of 2019, as amended in 2020, Arts. 558 and 559)

Legislation

Act of 11 September 2019, Public Procurement Law (Polish)pdf
Announcement of the Prime Minister No. 972 of 7 May 2018 (Polish)pdf
Communication on the new EU threshold amounts (Polish)pdf
Law No. 1232 of 2014, amending the Public Procurement Act (Polish)pdf
Regulations of 11 September 2019, introducing the Public Procurement Law (Polish)pdf

*Last update: 2017