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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
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
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
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
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
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
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
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