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Location: Poland
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Poland
2025
LEOM
Presidential
A comprehensive legislative reform should be undertaken to implement outstanding ODIHR recommendations and further align the legal framework with OSCE commitments, international standards, and good practice.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Electoral System and Legal Framework
Poland
2025
LEOM
Presidential
To ensure a clear separation between campaigning and public functions, the law should be amended to define the scope of permissible activities by public officials during campaigns. Public officials should uphold the principles of neutrality and avoid conflating official duties with campaign activities, in line with international good practice and existing NEC clarifications.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign
Poland
2025
LEOM
Presidential
To enhance transparency of campaign finance, electoral committees should be required to provide detailed income and expenditure reports, including the funds received from parties, the total amount of donations below the disclosure threshold, as well as their expenditures before and in between election days. To enable public scrutiny, disclosure should be made in an easily accessible, user-friendly and searchable manner, while the NEC should be obliged to monitor compliance with the disclosure obligations.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Poland
2025
LEOM
Presidential
To ensure full transparency of its decision-making, election administration should hold public sessions, issue invites and publish the draft agendas and minutes of relevant sessions in a timely manner.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Poland
2025
LEOM
Presidential
To enhance transparency and accountability of campaign finance, third party campaigning should be regulated. Campaign materials and online advertisements without the legally required attributes to an electoral committee should be eliminated promptly.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Secondary thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Poland
2025
LEOM
Presidential
The legal framework should be amended to guarantee the editorial and financial independence of public service media, including sustainable funding mechanisms not subject to annual political discretion, and transparent, merit-based procedures for appointing and dismissing management and supervisory bodies.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
Poland
2025
LEOM
Presidential
In order to effectively guarantee freedom of expression, defamation and libel should be fully decriminalized by completely removing the relevant provisions from the Criminal Code and ensuring that civil law provides effective safeguards against abusive litigation, including early dismissal procedures and cost recovery provisions for defendants facing frivolous lawsuits, in line with the EU anti-SLAPP directive.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
Poland
2025
LEOM
Presidential
The Election Code should be reviewed to provide for an effective remedy regarding complaints challenging the election results after the first round.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
Poland
2025
LEOM
Presidential
In line with international standards and OSCE commitments, authorities should take additional steps to enhance women’s participation in the electoral process and political decision-making. Political parties should identify and address barriers to women’s involvement in politics, especially in leadership roles, including by conducting gender audits and reviewing internal practices hindering women’s effective representation within party structures.
Recommendation # in final report:
9
Type of recommendation:
Priority
Thematic area:
Participation of Women
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Background and Political Context
Poland
2025
LEOM
Presidential
To facilitate the development of targeted strategies for enhancing women’s participation, disaggregated data on gender representation in the election administration should be collected and published in a comprehensive manner.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Participation of Women
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Poland
2025
LEOM
Presidential
To enhance professionalism of the lower-level election administration and ensure consistent implementation of election day procedures, standardized mandatory and comprehensive training could be considered for all PEC members. Consideration could be given to organizing additional training between the two rounds.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Poland
2025
LEOM
Presidential
Continuous efforts should be made in close co-operation with disabled persons’ organizations, to ensure persons with disabilities can vote autonomously, including ensuring the premises and layout of polling stations are suitable for independent access and providing electoral information in formats accessible to persons with different types of disabilities.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Participation of Persons with Disabilities
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Poland
2025
LEOM
Presidential
To enhance the integrity of the process, additional measures should be taken to protect the secrecy of the ballot and prevent group voting including by enforcing legislation, training PEC members accordingly, and improving voter education.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Poland
2025
LEOM
Presidential
The law should provide that ballots are considered valid as long as the intention of the voter is clear and unambiguous. Consideration could be given to provide for a replacement ballot to be issued when a voter makes a mistake when marking the ballot.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Legal Framework
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Poland
2025
LEOM
Presidential
All restrictions on the electoral rights of persons with intellectual or psychosocial disabilities should be removed in line with international obligations.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Voter Registration
Poland
2025
LEOM
Presidential
Consideration could be given to exploring measures to improve the process of support signature collection and verification to enhance its integrity, transparency and accuracy, including via electronic submission of candidacy nomination and signature collection.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Poland
2025
LEOM
Presidential
To ensure effective implementation of the rules, the Digital Services Co-ordinator should be vested with a comprehensive mandate to co-ordinate institutional efforts, ensure coherence in responses to digital risks and threats, and enhance transparency around the measures taken, including in an electoral context.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Environment
Poland
2025
LEOM
Presidential
To enhance safeguards against public insult and incitement to hatred, the grounds for protection in the Criminal Code should be expanded to cover a wider range of vulnerable groups. Political actors should refrain from using discriminatory language and continue to publicly and resolutely denounce its use in campaign discourse.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Environment
Poland
2025
LEOM
Presidential
To enable meaningful participation, contestants should ensure that campaign events, programmes, information, and materials are accessible to persons with various disabilities, including through appropriate formats and communication methods.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Participation of Persons with Disabilities
Secondary thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Campaign Environment
Poland
2025
LEOM
Presidential
To ensure an effective and cohesive response to disinformation, foreign interference, and cyber threats, authorities could adopt a comprehensive national strategic framework for protecting the digital environment. The strategy could outline clear institutional responsibilities, establish co-ordination mechanisms, enshrine transparency guarantees, and foster co-operation with civil society.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Legal Framework
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Environment
Poland
2025
LEOM
Presidential
To contribute to building greater public resilience to disinformation and manipulation in the digital domain, authorities could develop a comprehensive digital literacy strategy to serve as a framework for better co-ordination and sustained public support to related initiatives.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Campaign Environment
Poland
2025
LEOM
Presidential
To ensure equality of opportunity, a more balanced state and private funding in the campaign should be considered, including by limiting the amount of state funding which can be transferred by parties to campaigns.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Poland
2025
LEOM
Presidential
To provide for equal financial conditions for candidates, the law should prescribe an expenditure ceiling for the first round and a proportional increase for the second round.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Poland
2025
LEOM
Presidential
To allow for public scrutiny and enhance transparency, the NEC should publish the financial reports in an easily accessible, user-friendly and searchable format.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Poland
2025
LEOM
Presidential
The law should prescribe a graduate system of proportionate, effective and dissuasive sanctions for campaign finance irregularities and a mechanism for effective and timely enforcement.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Poland
2025
LEOM
Presidential
To ensure the institutional independence of the media regulator, the appointment process should be revised to prevent dominance by any single political force, with staggered terms and transparent selection criteria. KRRiT should ensure transparency in the imposition of sanctions and allocation of licenses.
Recommendation # in final report:
26
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
Poland
2025
LEOM
Presidential
Public service broadcasters should ensure that all political parties and candidates are presented in an impartial and objective manner. The legal framework should explicitly prohibit the use of public media resources for the preferential treatment of any party or candidate and provide for effective oversight.
Recommendation # in final report:
27
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
Poland
2025
LEOM
Presidential
To provide for an effective legal remedy, the legal framework should be amended to allow for voters and other affected parties to challenge National Election Commission guidelines and clarifications.
Recommendation # in final report:
28
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
Poland
2025
LEOM
Presidential
The review of election-related complaints and challenges to results by the Supreme Court should be conducted in open sessions where the parties to the case are given the opportunity to be heard.
Recommendation # in final report:
29
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
Poland
2025
LEOM
Presidential
All electoral challenges should be made public and all related rulings should be published promptly. Deadlines for electoral dispute resolution should allow complainants adequate time to prepare submissions that meet legal requirements and also allow the Supreme Court sufficient time to review each complaint, deliberate and issue a fully reasoned decision.
Recommendation # in final report:
30
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
Poland
2025
LEOM
Presidential
To increase transparency, the rights of citizen observers should be enhanced to allow for meaningful observation at all levels of the election administration and at all stages of the electoral process, including during signature verification and tabulation. In line with international good practice, citizen observers should remain impartial during the electoral process.
Recommendation # in final report:
31
Type of recommendation:
Other
Thematic area:
Citizen and International Observation
Secondary thematic area:
Election Day
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Final report heading:
Election Observation
Poland
2023
LEOM
Parliamentary
elections
The process of considering and adopting election-related legislative changes should involve inclusive public consultation and should be undertaken well in advance of the election and at a stage that allows for proper and effective implementation.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Practice
Status of implementation:
Not implemented
Final report heading:
Legal Framework and Electoral System
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
2023
LEOM
Parliamentary
elections
To ensure a clear separation between state and party, measures should be taken to keep party campaigning separate from government administration at the national and local level. These include amending respective laws to adequately define and regulate campaigning by public officials, explicitly prohibiting the abuse of state resources in election campaigns, as well as limiting the initiation or announcement of new state spending during the official campaign period.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Campaign
Secondary thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Final report heading:
Election Campaign
Poland
2023
LEOM
Parliamentary
elections
To enhance transparency and accountability, all political party and campaign finance income and expenditure reports should be made public in a timely, detailed, comprehensive, easy-to-understand manner with interim reporting requirements before election day.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Campaign Finance
Poland
2023
LEOM
Parliamentary
elections
Consideration should be given to regulation of campaigning by third parties including setting requirements for registration, financing and disclosure of third-party campaigners, and proportionate sanctions should be in place to aid in the enforcement of these rules.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Secondary thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Campaign Finance
Poland
2023
LEOM
Parliamentary
elections
To strengthen the public broadcaster’s editorial independence, the management should be selected through an inclusive, competitive and transparent process.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Media
Poland
2023
LEOM
Parliamentary
elections
Consideration should be given to introducing sanctions for media violating the legal requirement for impartial political programming during an election campaign.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Media
Poland
2023
LEOM
Parliamentary
elections
The rights of citizen observers should be enhanced to allow for meaningful observation of all levels of election administration and at all stages of the electoral process. Citizen observers should also have the same right as electoral committees’ proxies, to submit comments to Precinct Election Commission results protocols.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Citizen and International Observation
Secondary thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Citizen and International Election Observation
Poland
2023
LEOM
Parliamentary
elections
To enhance women’s participation in public life the authorities should make comprehensive efforts to increase women representation in politics and effectively address existing gender-based barriers.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Participation of Women
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Legal Framework and Electoral System
Poland
2023
LEOM
Parliamentary
elections
To ensure democratic and transparent conduct of referenda the legislation should be amended to comprehensively regulate all aspects of the referendum processes.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework and Electoral System
Poland
2023
LEOM
Parliamentary
elections
To ensure the equality of the vote, the authorities should periodically redistribute mandates among the constituencies to adjust to population shifts.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Legal Framework
Secondary thematic area:
Electoral System
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework and Electoral System
Poland
2023
LEOM
Parliamentary
elections
Consideration could be given to allocating out-of-country votes through a more equitable system, which should be decided upon through an inclusive and consultative process.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Electoral System
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework and Electoral System
Poland
2023
LEOM
Parliamentary
elections
To ensure efficient functioning of Precinct Election Commissions and their balanced composition, the law should limit the role of the members of the committees that are not contesting the elections.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Election Administration
Poland
2023
LEOM
Parliamentary
elections
The National Election Commission could improve the clarity and accessibility of information to lower levels of the election administration and the public.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2025
Final report heading:
Election Administration
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
Poland
2023
LEOM
Parliamentary
elections
The law should be amended to remove restrictions on voting rights on the basis of intellectual or psychosocial disability.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Voter Registration
Poland
2023
LEOM
Parliamentary
elections
To enhance public confidence in the electoral process, electoral contestants should refrain from using inflammatory and discriminatory speech. Public officials and authorities should promptly condemn such rhetoric and political parties could consider making commitments to each other to refrain from use of such rhetoric in the campaign.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2025
Final report heading:
Election Campaign
Poland
2023
LEOM
Parliamentary
elections
Political parties should consider further mechanisms to promote greater participation of women. Such mechanisms could include internal policies that work to facilitate women’s advancement in party leadership and decision-making positions and give greater visibility to women in the campaign. Authorities could also consider incentives to increase inclusion and visibility of women in party structures.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Participation of Women
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2025
Final report heading:
Election Campaign
Poland
2023
LEOM
Parliamentary
elections
The legislation should be amended to comprehensively regulate funding of referendum campaigns including clear rules on incomes, spending and reporting.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Poland
2023
LEOM
Parliamentary
elections
To improve the effectiveness of existing campaign contribution and expenditure limits, the legal framework should be amended to provide limits on permissible in-kind donations.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Campaign Finance
Poland
2023
LEOM
Parliamentary
elections
To ensure effective oversight during the campaign, the legal and institutional framework should clearly stipulate an independent oversight body provided with adequate powers and resources to properly monitor and expeditiously address campaign finance-related complaints and enforce proportionate sanctions.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Campaign Finance
Poland
2023
LEOM
Parliamentary
elections
The legal framework should be revised to decriminalize defamation and insult in order to bring the relevant legal framework in line with international standards on freedom of expression.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Media
Poland
2023
LEOM
Parliamentary
elections
Authorities should consider legally requiring the National Broadcasting Commission to oversee the broadcast media for their compliance with the legal requirements, including through systematic media monitoring. It should be mandated to offer remedy for identified violations in a timely and effective manner.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Media
Poland
2023
LEOM
Parliamentary
elections
The Election Code could be reviewed to provide for judicial review of administrative decisions throughout the electoral process as well as expanding legal standing to anyone whose rights may be affected.
Recommendation # in final report:
24
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
Final report heading:
Electoral Dispute Resolution
Poland
2023
LEOM
Parliamentary
elections
Steps could be taken to ensure that accreditation of international observers is issued in a timely manner.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Citizen and International Observation
Type of change required:
Sub-legal
Status of implementation:
Fully
Year of assessment:
2025
Final report heading:
Citizen and International Election Observation
Poland
2023
LEOM
Parliamentary
elections
To protect the secrecy of the vote additional measures such as voter education programs, lowering the maximum number of registered voters per precinct, locating polling stations in larger premises and promoting the active role of Precinct Election Commission members in securing the secrecy of the vote should be considered
Recommendation # in final report:
26
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Election Day
Poland
2023
LEOM
Parliamentary
elections
Consideration could be given to amending the vote validity rules to allow for ballots where the intention of voter is clearly expressed to be considered valid.
Recommendation # in final report:
27
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
Any changes to the electoral legislation, including under emergencies, should ensure, that they are formulated and adopted well in advance, as a result of an open process allowing sufficient time for a meaningful public debate and ensuring the principle of stability of law.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Electoral System and Legal Framework
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
2020
SEAM
Presidential
To ensure the public broadcaster’s editorial independence, the management should be selected through a transparent, competitive process and legal safeguards for its financial sustainability and autonomy should be enacted.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Media
Poland
2020
SEAM
Presidential
To ensure effective oversight during the campaign, the legal and institutional framework should clearly stipulate an oversight body provided with adequate powers to expeditiously redress campaign finance-related complaints and enforce sanctions.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Campaign Finance
Poland
2020
SEAM
Presidential
The independence of the National Broadcasting Council should be legally guaranteed and the authority should be legally required to actively monitor the broadcast media in order to fulfill its mandate to ensure impartial coverage. An effective legal mechanism to deal with complaints of distorted coverage should be provided for in a timely manner.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Media
Poland
2020
SEAM
Presidential
The Election Code should be reviewed to provide for an effective remedy regarding complaints challenging the election results after the first round.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Final report heading:
Complaints and Appeals
Poland
2020
SEAM
Presidential
The legal framework should provide clarity on conducting the second round, such as the applicable campaign period and campaign expenditure limitations, as well as on the possibility of challenging the results of the first round.
Recommendation # in final report:
7
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
Final report heading:
Electoral System and Legal Framework
Poland
2020
SEAM
Presidential
Legal and administrative measures could be taken to promote women’s membership in particular at the NEC level. Disaggregated data on gender representation in the election administration should be collected and published in a comprehensive manner.
Recommendation # in final report:
8
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Legal Framework
Type of change required:
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 authorities should continue efforts to facilitate the direct participation of all citizens in the electoral process, including persons with disabilities, thereby eliminating a need for proxy voting.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Participation of Persons with Disabilities
Secondary thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2025
Final report heading:
Voter Registration
Poland
2020
SEAM
Presidential
The Election Code could be amended to increase the means by which citizens can review and confirm their inclusion in the voter list.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Mostly
Final report heading:
Voter Registration
Poland
2020
SEAM
Presidential
Clarification of the law concerning temporary inclusion in the voter list for both rounds and adequate voter information on an individual basis at the time of the request could be considered.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2025
Final report heading:
Voter Registration
Poland
2020
SEAM
Presidential
Creation of a central voter registry maintained by the NEC could be considered to facilitate changes in and compilation of the voter list; this would centralize the changes of permanent residence, temporary inclusions in the voter list inland and abroad and other related issues.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2025
Final report heading:
Voter Registration
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
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
The legal framework should be amended to provide contribution and expenditure limits on permissible in-kind donations.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Campaign Finance
Poland
2020
SEAM
Presidential
To enhance transparency, interim campaign finance report should be provided for by law. Details of all income and expenditures should be disclosed on the websites of electoral committees during the campaign.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Campaign Finance
Poland
2020
SEAM
Presidential
Consideration should be given to regulation of campaigning by third parties including setting requirements for registration, financing and disclosure of third party campaigners.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Campaign Finance
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
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:
20
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Media
Poland
2020
SEAM
Presidential
Authorities should swiftly investigate threats, online and offline, against journalists, and refrain from the use of inflammatory language that may incite such actions.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2025
Final report heading:
Media
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
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
The Election Code should be reviewed to provide for an effective remedy regarding complaints challenging the election results after the first round.
Recommendation # in final report:
24
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
Final report heading:
Complaints and Appeals
Poland
2020
SEAM
Presidential
Deadlines for electoral dispute resolution should allow complainants adequate time to prepare submissions that meet legal requirements and also allow the Supreme Court sufficient time to review each complaint, deliberate and issue a fully reasoned decision.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
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 review of election related complaints by the Supreme Court should be conducted in sessions which are open to the public.
Recommendation # in final report:
27
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Post-election day developments
Poland
2019
LEOM
Parliamentary
elections
The legal framework should be reviewed to address the shortcomings identified in this and prior ODIHR reports, following an inclusive and meaningful public debate. The legal framework should ensure the independence and impartiality of institutions which are responsible for safeguarding the integrity of the electoral process, including the National Election Commission.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Legal Framework and Electoral System
Poland
2019
LEOM
Parliamentary
elections
To ensure a clear separation between state and party, measures should be taken to separate government administration and party campaigning, including by amending legislation to adequately define and regulate campaigning by public officials, and to explicitly prohibit the abuse of state resources in election campaigns.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Campaign
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Election Campaign
Poland
2019
LEOM
Parliamentary
elections
Relevant legislation, including the criminal code, should be revised to provide for clear mechanisms for authorities to prevent and counter instances of hate speech. Electoral contestants should refrain from using intolerant rhetoric and authorities should promptly condemn any such cases.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Campaign
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Election Campaign
Poland
2019
LEOM
Parliamentary
elections
The public broadcasters should ensure that all parties are presented in an impartial and objective manner. Favourable treatment of a political party by public media should be treated as an illegal use of public funds.
Recommendation # in final report:
4
Type of recommendation:
Priority
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
2019
LEOM
Parliamentary
elections
As previously recommended, all provisions that envisage the criminal prosecution of defamation, libel, insult and slander should be repealed in favour of civil sanctions.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Media
Poland
2019
LEOM
Parliamentary
elections
To supplement the general requirements of the Broadcasting Act, the Election Code should be amended to include legal requirements for equitable, balanced and impartial coverage of the campaign in public media.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Media
Poland
2019
LEOM
Parliamentary
elections
All restrictions on the electoral rights of persons with intellectual or psychosocial disabilities should be removed.
Recommendation # in final report:
7
Type of recommendation:
Priority
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:
Legal Framework and Electoral System
Poland
2019
LEOM
Parliamentary
elections
In order to ensure the equality of the vote, the authorities should periodically review and update the boundaries and number of mandates per constituency.
Recommendation # in final report:
8
Type of recommendation:
Other
Thematic area:
Electoral System
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Legal Framework and Electoral System
Poland
2019
LEOM
Parliamentary
elections
Legal and administrative measures could be taken to promote women’s membership in the election administration at all levels, including the National Election Commission.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Participation of Women
Secondary thematic area:
Legal Framework
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Election Administration
Poland
2019
LEOM
Parliamentary
elections
The procedures for nominating and selecting Precinct Election Commission (PEC) members could be reviewed. If PECs are comprised of electoral committee representatives, priority could be given to electoral committees that are contesting seats in the constituency.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Election Administration
Poland
2019
LEOM
Parliamentary
elections
The authorities should continue efforts to facilitate the direct participation of all citizens in the electoral process, including persons with disabilities, thereby eliminating a need for proxy voting.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Participation of Persons with Disabilities
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2025
Final report heading:
Election Administration
Poland
2019
LEOM
Parliamentary
elections
Municipalities could consider expanding the means by which citizens can review and confirm their inclusion in the voter lists, including publication of the voter lists.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Voter Registration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2025
Final report heading:
Voter Registration
Poland
2019
LEOM
Parliamentary
elections
Clear instructions and procedures for the verification of support signatures should be elaborated, with the intent to ensure consistent application of legal provisions.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Legal Framework
Secondary thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Candidate Registration
Poland
2019
LEOM
Parliamentary
elections
In line with previous recommendations, the authorities and political parties could consider supplementing the gender requirement with affirmative measures to encourage the nomination of women candidates.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Electoral System
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Candidate Registration
Poland
2019
LEOM
Parliamentary
elections
To enhance the transparency of campaign financing, consideration should be given to requiring parties and coalitions to disclose private donations, and all electoral contestants to submit interim reports on income and expenditures, before election day.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Campaign Finance
Poland
2019
LEOM
Parliamentary
elections
The legal framework should be reviewed to introduce clear rules regarding third party campaigning, including on the financing of such activities and subsequent reporting requirements. Proportionate sanctions should be in place to aid in the enforcement of these rules.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Campaign Finance
Poland
2019
LEOM
Parliamentary
elections
Any sanctions for campaign financing infringements should be proportionate to the severity of the violation. Annual reports of political parties should not be rejected for minor violations.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Campaign Finance
Poland
2019
LEOM
Parliamentary
elections
Legal and administrative mechanisms could be introduced, and such monitoring sufficiently resourced, to enable comprehensive and proactive campaign finance oversight during the campaign period.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Campaign Finance
Poland
2019
LEOM
Parliamentary
elections
The legal framework should be amended to require the appointments of senior management positions in the public media and their supervisory body from professionals rather than those politically affiliated.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Media
Poland
2019
LEOM
Parliamentary
elections
An independent authority, such as the National Broadcasting Council, could be legally required to actively monitor the broadcast media for their compliance with the legal framework and to offer timely remedy for identified violations.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Media
Poland
2019
LEOM
Parliamentary
elections
To ensure the public receives sufficient information regarding opinion polls, the Election Code could be amended to require media to publish information such as sample, margin of error, polling period and methodology applied.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Media
Poland
2019
LEOM
Parliamentary
elections
Complaints on election-related irregularities should be investigated in a timely and effective manner. The legal framework should be reviewed to clarify legal remedies against violations of campaign regulations, including unlawful use of public resources.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Complaints and Appeals
Poland
2019
LEOM
Parliamentary
elections
Consideration should be given to decreasing the maximum number of voters assigned to each polling station. The layout of all polling stations should accommodate all voters, including the needs of persons with different disabilities, and to provide for secrecy of the vote.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Election Day
Poland
2019
LEOM
Parliamentary
elections
Training for PEC members should include guidance on creating greater access to and within polling stations, and on facilitating the voting rights of persons with different types of disabilities. To promote the consistent implementation of laws and regulations, all PEC members should be encouraged to attend training programmes.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Participation of Persons with Disabilities
Secondary thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2025
Final report heading:
Election Day
Poland
2019
LEOM
Parliamentary
elections
Provisions on ballot validity could be reviewed to allow inclusion of the vote in cases when the intention of the voter is clear, and for voters who make mistakes when marking the ballot to obtain a new ballot.
Recommendation # in final report:
25
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
2015
EAM
Parliamentary
elections
Efforts are required to ensure that the legal provisions for the secrecy of voting are implemented in practice and enforced by PECs. The significance of ballot secrecy should be emphasized during the training of election commissions and in voter education materials.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Election Day
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2020
Final report heading:
Election Day
Poland
2015
EAM
Parliamentary
elections
Consideration should be given to reviewing the need to maintain proxy voting given the expansion of postal voting and with a view to bringing the legislation fully in line with OSCE commitments and other international standards for democratic elections.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Voter Registration
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Voter Rights and Registration
Poland
2015
EAM
Parliamentary
elections
The Election Code should provide for judicial review of NEC decisions, in particular in cases related to candidate or candidate list registration.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2020
Final report heading:
Complaints and Appeals
Poland
2015
EAM
Parliamentary
elections
To effectively ensure media freedom and protect freedom of speech, especially during an election period, consideration should be given to removing provisions that foresee criminal liability for defamation and public insult.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Media
Poland
2015
EAM
Parliamentary
elections
The Election Code should provide for full access of citizen non-partisan observers to all stages of the electoral process in line with OSCE commitments and other international obligations.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Citizen and International Observation
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2020
Final report heading:
Citizen and Election Observation
Poland
2015
EAM
Parliamentary
elections
Ballot validity provisions in the law could be reviewed and liberalized 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:
6
Type of recommendation:
Priority
Thematic area:
Election Day
Secondary thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2020
Final report heading:
Election Day
Poland
2015
EAM
Parliamentary
elections
Consideration should be given to amending the legislation to include clear guidance and procedures for signature verification.
Recommendation # in final report:
7
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Candidate Registration
Poland
2015
EAM
Parliamentary
elections
Consideration could be given to supplementing the gender quota requirement with additional measures concerning the rank order, such as a requirement for alternating positions between genders on party lists, as well as effective legal sanctions.
Recommendation # in final report:
8
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Participation of Women
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Candidate Registration
Poland
2015
EAM
Parliamentary
elections
To increase the transparency of political party financing, it is recommended that financial reports cover all expenditure of political parties and be accompanied by supporting documents.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Political Party and Campaign Finance
Poland
2015
EAM
Parliamentary
elections
More frequent declarations on donations received by political parties for electoral purposes through their election funds and their publication in a timely manner could be considered.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Political Party and Campaign Finance
Poland
2015
EAM
Parliamentary
elections
Consideration could be given to increasing the NEC’s financial and human resources dedicated to the oversight of political financing and to vesting it with the investigative power to undertake full audits of financial reports.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Political Party and Campaign Finance
Poland
2015
EAM
Parliamentary
elections
The NEC could be granted some margin of appreciation on minor transgressions of political finance regulations by introducing a threshold below which an irregularity does not lead to the rejection of a financial report.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2020
Final report heading:
Political Party and Campaign Finance
Poland
2015
EAM
Parliamentary
elections
To ensure greater institutional credibility and effective independence of the NBC, consideration could be given to introducing a member rotation system and to amending provisions that allow the dissolution of the NBC before the end of tenure.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Media
Poland
2015
EAM
Parliamentary
elections
The maximum number of voters per polling station, rather than inhabitants, could be used for planning purposes and could be reduced to avoid possible overcrowding.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Election Day
Poland
2015
EAM
Parliamentary
elections
Consideration could be given to permitting the re-issuance of a ballot paper to voters who accidentally spoil their ballots.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Election Day
Poland
2015
EAM
Parliamentary
elections
The format of the ballot booklet could be reviewed with a view to facilitating and speeding up counting.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Fully
Year of assessment:
2020
Final report heading:
Election Day
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