Poland’s parliamentary elections pluralistic and democratic, but some concerns over late legal amendments, says ODIHR final report

Poland’s 9 October 2011 parliamentary elections were pluralistic and democratic, although late changes to electoral laws impacted on the stability of the legal framework, the final report released by ODIHR on 18 January 2012 concludes.

The report says fundamental freedoms were respected at all times and that the election administration at all levels performed in an impartial and professional manner, and enjoys a high degree of respect and public trust.

According to the report, the legal framework provides a good basis for democratic elections, but the late introduction of amendments to the electoral legislation was not in line with the principle of stability of electoral law, which provides that electoral legislation should not be fundamentally changed within the last year before an election.

A July 2011 ruling by the Constitutional Court provides for the possibility of casting votes via proxy, which, while aimed at promoting enfranchisement, contradicts OSCE commitments related to the secrecy and equality of the vote and respect for voters’ choices.

The report concludes that the regulation of political party finance is generally comprehensive, although could be strengthened, and while the media environment is diverse, media freedom could be enhanced.

The report also notes a lack of clear deadlines for signature verification, highlighted by the failure of the election administration to grant registration to the nationwide candidate list of the New Right Party. A review of the election appeals system to guarantee an effective and timely remedy to all complaints is among the report’s recommendations.