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Location: Poland
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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
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