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2008 Assessment

Poland: Integrity Indicators Scorecard

Poland : Integrity Scorecard Report > Sub-Category: Executive Accountability
Indicators		Score
26	Can citizens sue the government for infringement of their civil rights?	100
27	Can the chief executive be held accountable for his/her actions?	88
28	Is the executive leadership subject to criminal proceedings?	100
29	Are there regulations governing conflicts of interest by the executive branch?	84
30	Can citizens access the asset disclosure records of the heads of state and government?	33
31	Official government functions are kept separate and distinct from the functions of the ruling political party.	100

Indicator and sub-Indicator Details

Can citizens sue the government for infringement of their civil rights?

26: In law, can citizens sue the government for infringement of their civil rights?

Score:

YES

Comments:

References: The Constitution of the Republic of Poland of 2 April 1997, Article 45; Article 77, para 2; Article 78, [ LINK ].

Can the chief executive be held accountable for his/her actions?

27a: In practice, the chief executive gives reasons for his/her policy decisions.

Score:

100

Comments:

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

Agnieszka Opalinska, Ph.D., Politics Institute, University of Zielona Góra (Zielona Góra, Poland, Sept. 12, 2008).

27b: In law, the judiciary can review the actions of the executive.

Score:

YES

Comments:

References: The Constitution of the Republic of Poland of 2 April 1997, Articles: 198-201, [ LINK ].

27c: In practice, when necessary, the judiciary reviews the actions of the executive.

Score:

100

Comments: The State Tribunal is considered rather an ineffective institution for reviewing the actions of executive.

References: Agnieszka Opalinska, Ph.D., Politics Institute, University of Zielona Góra (Zielona Góra, Poland, Sept. 12, 2008).

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

27d: In practice, the chief executive limits the use of executive orders for establishing new regulations, policies, or government practices.

Score:

100

Comments:

References: Agnieszka Opalinska, Ph.D., Politics Institute, University of Zielona Góra (Zielona Góra, Poland, Sept. 12, 2008).

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

Is the executive leadership subject to criminal proceedings?

28a: In law, the heads of state and government can be prosecuted for crimes they commit.

Score:

YES

Comments:

References: The Constitution of the Republic of Poland of 2 April 1997, Articles: 198-201, [ LINK ].

28b: In law, ministerial-level officials can be prosecuted for crimes they commit.

Score:

YES

Comments:

References: The Act of 21 August 1997 on Restrictions for State Officials on Business Activities (Dz. U z 2006 r., Nr 216, poz. 1584), Article 2, [ LINK ].

Are there regulations governing conflicts of interest by the executive branch?

29a: In law, the heads of state and government are required to file a regular asset disclosure form.

Score:

YES

Comments:

References: The Act of 21 August 1997 on Restrictions for State Officials on Business Activities (Dz. U z 2006 r., Nr 216, poz. 1584), Article 8, [ LINK ].

29b: In law, ministerial-level officials are required to file a regular asset disclosure form.

Score:

YES

Comments:

References: The Act of 21 August 1997 on Restrictions for State Officials on Business Activities (Dz. U z 2006 r., Nr 216, poz. 1584), Articles, 1, 10, [ LINK ].

29c: In law, there are regulations governing gifts and hospitality offered to members of the executive branch.

Score:

YES

Comments:

References: The Act of 21 August 1997 on Restrictions for State Officials on Business Activities (Dz. U z 2006 r., Nr 216, poz. 1584): Article12, [ LINK ].

29d: In law, there are requirements for the independent auditing of the executive branch asset disclosure forms (defined here as ministers and heads of state and government).

Score:

YES

Comments:

References: The Act of 21 August 1997 on Restrictions for State Officials on Business Activities (Dz. U z 2006 r., Nr 216, poz. 1584), Article 10, [ LINK ].

29e: In law, there are restrictions on heads of state and government and ministers entering the private sector after leaving the government.

Score:

YES

Comments:

References: The Act of 21 August 1997 on Restrictions for State Officials on Business Activities (Dz. U z 2006 r., Nr 216, poz. 1584), Article 7, [ LINK ].

29f: In practice, the regulations restricting post-government private sector employment for heads of state and government and ministers are effective.

Score:

100

Comments: There are no regulations restricting post-government participation in the private sector by heads of state.

References: Pawel Wronski, Kodeks Etyczny wedBug Lecha KaczyDskiego, Gazeta Wyborcza, [ LINK ] (Oct 6, 2006).

29g: In practice, the regulations governing gifts and hospitality offered to members of the executive branch are effective.

Score:

100

Comments: The data is available on the sites of the the National Election Commission (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).

The NEC, [ LINK ].

29h: In practice, executive branch asset disclosures (defined here as ministers and above) are audited.

Score:

100

Comments:

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

O[wiadczenia majtkowe w internecie, Wprost, [ LINK ] (Aug. 13, 2008).

Can citizens access the asset disclosure records of the heads of state and government?

30a: In law, citizens can access the asset disclosure records of the heads of state and government.

Score:

YES

Comments: A proposal of the act states that citizens will be allowed to access the asset disclosure of the top executive officials.

References: The Act of 21 August 1997 on Restrictions for State Officials on Business Activities (Dz. U z 2006 r., Nr 216, poz. 1584), Article 10, para 3, [ LINK ].

WPROST 24 news story: [ LINK ]

30b: In practice, citizens can access the asset disclosure records of the heads of state and government within a reasonable time period.

Score:

100

Comments: The asset disclosure records were put on display when Donald Tusk was appointed Prime Minister.

Asset Disclosure Records of ministers are easily accessible within 2 days at [ LINK ].

The President's asset disclosure records cannot be reached via the Internet.

References: Agnieszka Opalinska, Ph.D., Politics Institute, University of Zielona Góra (Zielona Góra, Poland, Sept. 12, 2008).

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

Prime Minister Asset Disclosure Records, [ LINK ]" target="_blank">[ LINK ].

Ministers' Asset Disclosure Records, http://www.kprm.gov.pl/s.php?bio=575&path=10325.

WPROST 24 news story: [ LINK ]

30c: In practice, citizens can access the asset disclosure records of the heads of state and government at a reasonable cost.

Score:

100

Comments: Asset Disclosure Records of the prime minister and other ministers are available online whereas the asset disclosure records of the President are not.

References: Agnieszka Opalinska, Ph.D., Politics Institute, University of Zielona Góra (Zielona Góra, Poland, Sept. 12, 2008).

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

[ LINK ].

Official government functions are kept separate and distinct from the functions of the ruling political party.

31: In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

Score:

100

Comments:

References: Agnieszka Opalinska, Ph.D., Politics Institute, University of Zielona Góra (Zielona Góra, Poland, Sept. 12, 2008).

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