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2008 Assessment

Poland: Integrity Indicators Scorecard

Poland : Integrity Scorecard Report > Sub-Category: Political Financing
Indicators		Score
20	Are there regulations governing the financing of political parties?	86
21	Are there regulations governing the financing of individual political candidates?	100
22	Are the regulations governing the political financing of parties effective?	83
23	Are the regulations governing the political financing of individual candidates effective?	85
24	Can citizens access records related to the financing of political parties?	92
25	Can citizens access records related to the financing of individual candidates' campaigns?	75

Indicator and sub-Indicator Details

Are there regulations governing the financing of political parties?

20a: In law, there are regulations governing private contributions to political parties.

Score:

YES

Comments:

References: The Act of 27 June 1997 on Political Parties (Dz.U. 2001 No 79, item 857; Dz.U. 2001 No 154, item 1802; Dz.U. 2002 No 127, item 1089; Dz.U. 2003 No 57, item 507; Dz.U. 2004 No 25, item 219; Dz.U. 2004 No 273, item 2703; Dz.U. 2005 No 167, item 1398), Article 25, para 1 and 2.

20b: In law, there are limits on individual donations to political parties.

Score:

YES

Comments:

References: The Act of 27 June 1997 on Political Parties (Dz.U. 2001 No 79, item 857; Dz.U. 2001 No 154, item 1802; Dz.U. 2002 No 127, item 1089; Dz.U. 2003 No 57, item 507; Dz.U. 2004 No 25, item 219; Dz.U. 2004 No 273, item 2703, Dz.U. 2005 No 167, item 1398), Article 25 para 4, article 36a para 2.

20c: In law, there are limits on corporate donations to political parties.

Score:

YES

Comments: Political parties cannot accept any corporate donations.

20d: In law, there are limits on total political party expenditures.

Score:

YES

Comments:

References: The Act of 12 April 2001 on Elections to the Sejm and Senate (Dz. U. 2007 No 190 item 1360), article 114.

The Act of 16 July 1998 on Elections to Councils of Parishes, Councils of Districts and Local Parliaments (Dz.U. 2003 No 159 item 1547), article 83e. The Act of 20 June 2002 on Elections of Direct Election of Parish Leader, Borough President and President of City (Dz.U. No 113 item 984), article 24 para 5.

The Act of 23 January 2004 on Elections to the European Parliament (Dz.U. No 25 item 219), article 89.

20e: In law, there are requirements for the disclosure of donations to political parties.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are any requirements mandating the disclosure of financial contributions to political parties. NO: A NO score is earned if there are no requirements mandating the disclosure of contributions to political parties, existing regulations do not require a donor\'s name or amount given, or the regulations allow for anonymous donations.$

Comments:

20f: In law, there are requirements for the independent auditing of the finances and expenditures of political parties.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a legal or regulatory requirement for the independent auditing of party finances and expenditures. The auditing is performed by an impartial third-party. NO: A NO score is earned if there are no legal or regulatory requirements for the independent auditing of political parties\' finances and expenditures or if such requirements exist but allow for parties to self-audit.$

Comments:

Peer Review Comments: This is the job of the Electoral Commission, but it is not always able to undertake such audits effectively.

20g: In law, there is an agency or entity that monitors the financing of political parties.

Score:

YES

Comments:

References: The National Electoral Commission (NEC/PKW).

The Act of 27 June 1997 on Political Parties (Dz.U. 2001 No 79, item 857; Dz.U. 2001 No 154, item 1802; Dz.U. 2002 No 127, item 1089; Dz.U. 2003 No 57, item 507; Dz.U. 2004 No 25, item 219; Dz.U. 2004 No 273, item 2703; Dz.U. 2005 No 167, item 1398), Article 34a para 5 and 38a para 1, [ LINK ].

Are there regulations governing the financing of individual political candidates?

21a: In law, there are regulations governing private contributions to individual political candidates.

Score:

YES

Comments:

21b: In law, there are limits on individual donations to political candidates.

Score:

YES

Comments:

References: The Act of 27 June 1997 on Political Parties (Dz.U. 2001 No 79, item 857; Dz.U. 2001 No 154, item 1802; Dz.U. 2002 No 127, item 1089; Dz.U. 2003 No 57, item 507;Dz.U. 2004 No 25, item 219; Dz.U. 2004 No 273, item 2703; Dz.U. 2005 No 167, item 1398), Article 25 para 4, Article 36a para 2, [ LINK ].

21c: In law, there are limits on corporate donations to individual political candidates.

Score:

YES

Comments:

21d: In law, there are requirements for the disclosure of donations to individual political candidates.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are any requirements mandating the disclosure of financial contributions to individual political candidates. NO: A NO score is earned if there are no requirements mandating the disclosure of contributions to individual political candidates, existing regulations do not require a donor\'s name or amount given, or the regulations allow for anonymous donations.$

Comments:

References: The Act of 12 April 2001 on Elections to the Sejm and Senate (Dz. U. 2007 No 190 item 1360), Article 111 para 1, [ LINK ].

21e: In law, there are requirements for the independent auditing of the campaign finances of individual political candidates.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a legal or regulatory requirement for the independent auditing of an individual candidate\'s campaign finances and expenditures. The auditing is performed by an impartial third-party. NO: A NO score is earned if there are no legal or regulatory requirements for the independent auditing of an individual candidate\'s campaign finances and expenditures or if such requirements exist but allow for candidates to self-audit.$

Comments:

References: The Act of 12 April 2001 on Elections to the Sejm and Senate (Dz. U. 2007 No 190 item 1360), Article 95, [ LINK ].

The Act of 16 July 1998 on Elections to Councils of Parishes, Councils of Districts and Local Parliaments (Dz.U. 2003 No 159 item 1547), Article 64b, [ LINK ].

The Act of 20 June 2002 on Elections of Direct Election of Parish Leader, Borough President and President of City (Dz.U. No 113 item 984), Article 7, [ LINK ].

The Act of 23 January 2004 on Elections to the European Parliament (Dz.U. No 25 item 219), Article 48, [ LINK ].

The Act of 27 September 1990 on Elections of the President of the Republic of Poland (Dz. U. 2000 No 47, item 544, with changes: Dz. U. 2002 No 113, item 984 and No 153, item 1271; 2003 No 57, item 507 and No 130, item 1188; of 2004 No 25, item 219, of 2006, No 218 item 1592; of 2007 No 112, item 766), Article 40a, [ LINK ].

21f: In law, there is an agency or entity that monitors the financing of individual political candidates' campaigns.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a domestic agency or set of domestic agencies/entities formally assigned to monitor and enforce laws and regulations around the financing of individual political candidates\' campaigns. A YES score is earned even if the agency/entity is ineffective in practice. NO: A NO score is earned if there is no such agency or entity.$

Comments:

References: The National Electoral Commission(NEC), electoral committees of political parties and coalition political parties.

The Act of 12 April 2001 on Elections to the Sejm and Senate (Dz. U. 2007 No 190 item 1360), Chapter 13, Article 122, para 5, [ LINK ].

The Act of 16 July 1998 on Elections to Councils of Parishes, Councils of Districts and Local Parliaments (Dz.U. 2003 No 159 item 1547), Article 84b, [ LINK ].

The Act of 27 September 1990 on Elections of the President of the Republic of Poland (Dz. U. 2000 No 47, item 544, with changes: Dz. U. 2002 No 113, item 984 and No 153, item 1271; 2003 No 57, item 507 and No 130, item 1188; of 2004 No 25, item 219; of 2006 No 218 item 1592; of 2007 No 112, item 766), Article 87h, [ LINK ].

The Act of 23 January 2004 on Elections to the European Parliament (Dz.U. No 25 item 219), Article 94, item 3. [ LINK ].

Are the regulations governing the political financing of parties effective?

22a: In practice, the limits on individual donations to political parties are effective in regulating an individual's ability to financially support a political party.

Score:

100

Comments: Czaplicki states that limits on individual donations to political parties seem to be an effective tool to regulate the financing of political parties, but the possibility that the law is evaded cannot be excluded.

References: Kazimierz W.Czaplicki, Secretary,Head of National Electoral Office, National Electoral Commission, (Warsaw, Aug. 28, 2008).

Andrzej Malkiewicz, Professor, Politics Institute, University of Zielona Góra, (Zielona Góra, Poland, Sept. 12, 2008.)

22b: In practice, the limits on corporate donations to political parties are effective in regulating a company's ability to financially support a political party.

Score:

100

Comments: Czaplicki states that corporate donations are forbidden in Polish law. Only individual citizens can donate money to a political party. If a party has accepted any donation from a company, the party's report on finances is rejected and the donation is confiscated by the Ministry of State Treasure.

References: Kazimierz W.Czaplicki, Secretary,Head of National Electoral Office, National Electoral Commission, (Warsaw, Aug. 28, 2008).

Andrzej Malkiewicz, Professor, Politics Institute, University of Zielona Góra, (Zielona Góra, Poland, Sept. 12, 2008.)

22c: In practice, the limits on total party expenditures are effective in regulating a political party's ability to fund campaigns or politically-related activities.

Score:

100

Comments: Malkiewicz states that if all donations are withheld from reports on political parties' finances, it can be expected that the limits are not extremely effective.

References: Kazimierz W.Czaplicki, Secretary,Head of National Electoral Office, National Electoral Commission, (Warsaw, Aug. 28, 2008).

Andrzej Malkiewicz, Professor, Politics Institute, University of Zielona Góra, (Zielona Góra, Poland, Sept. 12, 2008.)

22d: In practice, when necessary, an agency or entity monitoring the financing of political parties independently initiates investigations.

Score:

100

Comments: Czaplicki states that if the National Electoral Commission (NEC) discovers violations of the Act of 27 June 1997 on Political Parties (Chapter 6a), they must inform law enforcement bodies about their suspicions. In addition to this, it is stated in the Criminal Code (Article 304, para 2) that if any state institutions have learned about any violations of the law, they are obliged to inform a prosecutor or the police.

References: Kazimierz W.Czaplicki, Secretary,Head of National Electoral Office, National Electoral Commission, (Warsaw, Aug. 28, 2008).

Andrzej Malkiewicz, Professor, Politics Institute, University of Zielona Góra, (Zielona Góra, Poland, Sept. 12, 2008).

22e: In practice, when necessary, an agency or entity monitoring the financing of political parties imposes penalties on offenders.

Score:

100

Comments: The National Electoral Commission (NEC/PKW) does not have any powers to impose any penalties on offenders. The NEC/PKW, in a given case, informs law enforcement bodies when they suspect a violation of the law.

References: Kazimierz W.Czaplicki, Secretary,Head of National Electoral Office, National Electoral Commission, (Warsaw, Aug. 28, 2008).

Andrzej Malkiewicz, Professor, Politics Institute, University of Zielona Góra, (Zielona Góra, Poland, Sept. 12, 2008).

22f: In practice, contributions to political parties are audited.

Score:

100

Comments:

References: Kazimierz W.Czaplicki, Secretary,Head of National Electoral Office, National Electoral Commission, (Warsaw, Aug. 28, 2008).

Andrzej Malkiewicz, Professor, Politics Institute, University of Zielona Góra, (Zielona Góra, Poland, Sept. 12, 2008).

Peer Review Comments: In practice, the Electoral Commission has limited means available to do this effectively.

Are the regulations governing the political financing of individual candidates effective?

23a: In practice, the limits on individual donations to political candidates are effective in regulating an individual's ability to financially support a particular candidate.

Score:

100

Comments:

References: Kazimierz W.Czaplicki, Secretary,Head of National Electoral Office, National Electoral Commission, (Warsaw, Aug. 28, 2008).

Andrzej Malkiewicz, Professor, Politics Institute, University of Zielona Góra, (Zielona Góra, Poland, Sept. 12, 2008).

23b: In practice, the limits on corporate donations to individual candidates are effective in regulating a company's ability to financially support a candidate.

Score:

100

Comments: Czaplicki states that corporate donations are accepted only in case of presidential elections. A complete ban on corporate donations is being considered. Corporate donations to the electoral committees of candidates constitute only a small amount of donations and are not very common.

M.K.B.: It might be the case that donations are so low because there is a gray (or informal) zone of party financing.

References: Kazimierz W.Czaplicki, Secretary,Head of National Electoral Office, National Electoral Commission, (Warsaw, Aug. 28, 2008).

Andrzej Malkiewicz, Professor, Politics Institute, University of Zielona Góra, (Zielona Góra, Poland, Sept. 12, 2008).

Monika K. Bil, researcher, Politics and Sussex European Institute, University of Sussex, UK

23c: In practice, when necessary, an agency or entity monitoring the financing of individual candidates' campaigns independently initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency or entity aggressively starts investigations into allegations of wrong doing with respect to the financing of individual candidates\' campaigns. The agency is fair in its application of this power. 50 Score Criteria: The agency or entity will start investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The agency, thought limited in effectiveness, is still fair in its application of power. 0 Score Criteria: The agency or entity rarely investigates on its own, or the agency or entity is partisan in its application of this power.$

Comments: Czaplicki states that the National Electoral Commission (NEC/PKW) informs law enforcement bodies (such as prosecutors or police) when they suspect violations of the law.

References: Kazimierz W.Czaplicki, Secretary,Head of National Electoral Office, National Electoral Commission, (Warsaw, Aug. 28, 2008).

Andrzej Malkiewicz, Professor, Politics Institute, University of Zielona Góra, (Zielona Góra, Poland, Sept. 12, 2008).

23d: In practice, when necessary, an agency or entity monitoring the financing of individual candidates' campaigns imposes penalties on offenders.

Score:

100

Comments: The National Elector Commission (NEC/PKW) does not have powers to impose penalties on offenders. Offenders can be penalized only by a judicial decision.

References: Kazimierz W.Czaplicki, Secretary,Head of National Electoral Office, National Electoral Commission, (Warsaw, Aug. 28, 2008).

Andrzej Malkiewicz, Professor, Politics Institute, University of Zielona Góra, (Zielona Góra, Poland, Sept. 12, 2008).

23e: In practice, the finances of individual candidates' campaigns are audited.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The finances of individual candidates\' campaigns are regularly audited using generally accepted auditing practices. 50 Score Criteria: The finances of individual candidates\' campaigns are audited, but audits are limited in some way, such as using inadequate auditing standards, or the presence of exceptions to disclosed contributions. 0 Score Criteria: The finances of individual candidates\' campaigns are not audited, or the audits performed have no value in tracking contributions. Audits may be performed by entities known to be partisan or biased in their practices.$

Comments: The finances of candidates' electoral committees are audited.

References: Kazimierz W.Czaplicki, Secretary,Head of National Electoral Office, National Electoral Commission, (Warsaw, Aug. 28, 2008).

Andrzej Malkiewicz, Professor, Politics Institute, University of Zielona Góra, (Zielona Góra, Poland, Sept. 12, 2008).

Can citizens access records related to the financing of political parties?

24a: In practice, political parties disclose data relating to financial support and expenditures within a reasonable time period.

Score:

100

Comments: Political parties provide financial reports to the National Electoral Commission (NEC/PKW) by March 31 of each year.

References: Kazimierz W.Czaplicki, Secretary,Head of National Electoral Office, National Electoral Commission, (Warsaw, Aug. 28, 2008).

Andrzej Malkiewicz, Professor, Politics Institute, University of Zielona Góra, (Zielona Góra, Poland, Sept. 12, 2008).

24b: In practice, citizens can access the financial records of political parties within a reasonable time period.

Score:

100

Comments:

References: Kazimierz W.Czaplicki, Secretary,Head of National Electoral Office, National Electoral Commission, (Warsaw, Aug. 28, 2008).

Andrzej Malkiewicz, Professor, Politics Institute, University of Zielona Góra, (Zielona Góra, Poland, Sept. 12, 2008).

24c: In practice, citizens can access the financial records of political parties at a reasonable cost.

Score:

100

Comments:

References: Kazimierz W.Czaplicki, Secretary,Head of National Electoral Office, National Electoral Commission, (Warsaw, Aug. 28, 2008).

Andrzej Malkiewicz, Professor, Politics Institute, University of Zielona Góra, (Zielona Góra, Poland, Sept. 12, 2008).

Can citizens access records related to the financing of individual candidates' campaigns?

25a: In practice, individual political candidates disclose data relating to financial support and expenditures within a reasonable time period.

Score:

100

Comments: No, the rules of financing campaigns do not allow candidates to run their own campaigns. They have to establish an electoral committee to process their finances. Thus, electoral committees submit reports to the National Electoral Commission (NEC/PKW), which publishes them. The reports are published as soon as they are submitted to the NEC.

References: Kazimierz W.Czaplicki, Secretary,Head of National Electoral Office, National Electoral Commission, (Warsaw, Aug. 28, 2008).

Andrzej Malkiewicz, Professor, Politics Institute, University of Zielona Góra, (Zielona Góra, Poland, Sept. 12, 2008).

25b: In practice, citizens can access the financial records of individual candidates (their campaign revenues and expenditures) within a reasonable time period.

Score:

100

Comments: Citizens can access financial records of a candidate's electoral committee.

References: Kazimierz W.Czaplicki, Secretary,Head of National Electoral Office, National Electoral Commission, (Warsaw, Aug. 28, 2008).

Andrzej Malkiewicz, Professor, Politics Institute, University of Zielona Góra, (Zielona Góra, Poland, Sept. 12, 2008).

25c: In practice, citizens can access the financial records of individual candidates (their campaign revenues and expenditures) at a reasonable cost.

Score:

100

Comments: Citizens can access the financial records of an individual candidate' s electoral committee.

References: Kazimierz W.Czaplicki, Secretary,Head of National Electoral Office, National Electoral Commission, (Warsaw, Aug. 28, 2008).

Andrzej Malkiewicz, Professor, Politics Institute, University of Zielona Góra, (Zielona Góra, Poland, Sept. 12, 2008).