The Council of Europe’s Group of States against Corruption (GRECO) says that it is a “top priority” for Poland to establish a system for appointment, promotion and dismissal of all senior managers in the Police and Border Guards, which would be based on objective, merit-based criteria and transparent procedures.

A report published today which was based on an on-site visit to Poland last year, notes that “the Police ha[s] been headed by three different Chief Commanders in just two years and (…) that changes in the top management of the police have been particularly controversial”. The experts also consider that inadequate salaries are contributing to “increasing difficulties” for the Police and Border Guard to attract and to retain “qualified and committed personnel”. These can also cause “vulnerabilities to corruption” and prompt officers to seek additional sources of income via “side jobs which can generate further risks”, including incompatibilities and problematic third-party relations, according to the report,.

Specialised public and academia observe a “persistent phenomenon of political influence over policing activities” in Poland, and the negative impact this can have. The GRECO experts heard concerns of a general similar trend regarding the Polish civil service following recent amendments to the Civil Service Act, which was adopted in January 2016, after a speedy process and inadequate consultations. As a consequence, all senior civil servants are now exempted from the scope of the Act and thus appointed and dismissed discretionarily.

The report also focuses on corruption risks among persons exercising top executive functions (PTEFs) in central government. Poland, a member of GRECO since 1999, had been previously evaluated four times. While this new report praises progress, including a new anti-corruption programme for 2018-2020 and improved transparency of interaction with lobbyists, for example, GRECO experts stress the importance of introducing “preventive policies and checks and balances” to guard against the misuse or concentration of power.

One concern relates to a lack of clear rules and guidelines regarding gifts: “There is also a relatively low awareness in practice of what constitutes acceptable and forbidden gifts and benefits”, the experts report.

While the report welcomes the declaratory obligations on assets and interests of PTEFs, including assets co-owned with spouses, it also notes that asset declarations can give a limited picture of certain private interests if changes are made to the marital property regime. Another problem is the lack of a coherent legal framework guaranteeing the transparency of all senior officials who are PTEFs.

Furthermore, verification of asset declarations by Poland’s Central Anti-Corruption Bureau (CAB) is inadequate. Relevant data from the 2017 CAB annual activity report, for example, is mostly of a general nature and of limited relevance, according to GRECO. It merely refers to the number of declarations received. According to some estimates, the CAB would only check about 1% of the declarations it receives and too often only public allegations in the media or a negative report from an NGO would compel the CAB to take effective action.

GRECO also raises concerns about the independence of the CAB, as it is under the authority of the Prime Minister and of a designated “Minister-coordinator for special services”. GRECO recommends establishing an “independent review mechanism” for declarations of financial interests of persons entrusted with top executive functions, provided with adequate legal, technical and other means to perform its tasks in an effective and accountable manner.

The experts say that systematic awareness raising activities are missing for PTEFs. A Minister or top government executive can thus serve his/her term without ever being properly informed or trained about his/her integrity-related duties.

Opinion polls on the perception of, and experience of Poland’s general public and business community with corruption show mixed trends over the last few years. According to recent international polls such as the Eurobarometer on Corruption 2017, 58% of Poles still consider that corruption is “widespread, affecting also politicians and the police,” and 83% of business representatives see excessively close links between politics and business.

While the media regularly report cases of suspected bribery, influence peddling, abuse of authority and other integrity issues, civil society organisations express concern about attacks and limitations on freedom of expression and pressure against media outlets to do their job.

GRECO invites the Polish authorities to submit a report on measures taken to implement the many recommendations outlined in the report by 30 June 2020. The measures will be then assessed by GRECO through a specific compliance procedure.