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Location: Poland
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Poland
2020
SEAM
Presidential
Measures should be taken to ensure a clear separation between state and party, including by amending legislation to adequately define and regulate campaigning by public officials, and to explicitly prohibit the abuse of state resources. Favourable treatment of any contestant by public media should be treated as misuse of public funds and should be properly addressed.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Campaign Environment
Poland
2023
LEOM
Parliamentary
elections
In order to enhance transparency of the National Election Commission’s decision-making process and increase public trust, its sessions including their agendas should be announced in advance and be open to the media, citizen and international observers, as well as interested members of the public.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Election Administration
Poland
2020
SEAM
Presidential
All restrictions on the electoral rights of persons with intellectual or psychosocial disabilities should be removed.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Participation of Persons with Disabilities
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Voter Registration
Poland
2020
SEAM
Presidential
The legal framework should be reviewed to provide clear procedures and guarantees concerning complaints about the conduct of the election administration bodies. The revisions should also effectively address campaign and election-day related violations and irregularities and ensure an effective judicial review.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Complaints and Appeals
Poland
2020
SEAM
Presidential
Ballot validity provisions in the Election Code should be reviewed and relaxed with a view to providing for the validity of the vote where the intention of the voter is clear and unambiguous.
Recommendation # in final report:
26
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Election Day
Poland
2020
SEAM
Presidential
The Election Code could be reviewed to provide judicial review of all administrative decisions and resolutions issued by the NEC.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Legal Framework
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Complaints and Appeals
Poland
2020
SEAM
Presidential
Relevant legislation, in particular the criminal code, should be revised to ensure compliance with international human rights standards pertaining to ‘hate speech’.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Campaign Environment
Poland
2020
SEAM
Presidential
All provisions that envisage criminal prosecution for defamation, libel, insult and slander should be repealed in favour of civil sanctions.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Media
Poland
2020
SEAM
Presidential
Electoral contestants should refrain from using intolerant rhetoric and authorities and contestants should promptly condemn any such cases.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Media
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2025
Final report heading:
Campaign Environment
Poland
2023
LEOM
Parliamentary
elections
To ensure consistent application of election procedures, the National Election Commission could adopt a more timely, comprehensive and user-friendly training programme, providing clarity on issues not regulated by the law. Training sessions should be compulsory for all members of lower-level election administration bodies and offer more interaction of participants.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Election Administration
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