They are due to the latest version of the bill, which went on Tuesday to be discussed by the government. It aims to align national regulations with the EU Directive of 23.10.2019. Poland is very late in this respect, which already involves financial penalties for us.
The current government presented its proposal in early January 2024. In fresh months, however, he has modified it. As a result, the catalogue of infringements which may be the subject of a signal notification has been changed respective times.
In the draft, which was dealt with by the government at the meeting, it is clear that the rules will proceed to let signals of violations of freedom and human rights and of the citizen, but only those occurring in the individual's relations with public authorities. Corruption reports will besides be possible. However, human trafficking is not exchanged separately.
– The return of corruption to the catalogue of infringements should be considered a good step, as it is indeed a crime for which people employed in the organization may have knowledge. Therefore, it is worth introducing instruments to combat this phenomenon. It is crucial that Poland has fallen in the rankings on the level of the fight against corruption in fresh years, and the European Commission has drawn attention to this problem in its yearly reports on the state of the law," says Gniewomir Wycichowski-Kuchta, a lawyer from DZP.
At the same time, the expert points out that the deficiency of trafficking in human beings in the catalogue of the Act is in turn incomprehensible.
– The notification of signallers can contribute to an effective fight, e.g. with global gangs that deal with this activity – he evaluates.
The latest available version of the task besides amended the rules on the resolution of competency disputes between the receiving authorities. It was decided that their settlement would take place in accordance with Articles 22 and 23 of the KPA.
– This means that they will be able to be different bodies, which are superior to entities in dispute, including the governors, the Ministry of abroad Affairs, the Prime Minister or the voivodes, sometimes administrative courts, and in cases of disputes between central constitutional authorities of the state even the Constitutional Court," the expert notes. It acknowledges that, although this solution is more coherent "systemically", it will at the same time importantly reduce the efficiency of the handling of notifications.
Legislative phase: draft adopted by the government
