Wybrane zagadnienia dotyczące sankcji grożących partiom politycznym w związku z naruszeniem przez nie przepisów ustawy o partiach politycznych w zakresie finansów i finansowania partii
Sanctions against Political Parties in Connection with Their Infringement of the Provisions of the Act on Political Parties in the Field of Finance and Party Financing – Selected Issues

Summary/Abstract: This article is focused on an issue that was not the leading subject of studies covering the financing of political parties in Poland. It addresses the issue of the consequences of acceptance of the annual financial information of political parties on the granted subsidy and party reports on the sources of obtaining funds and on the expenses incurred from the Election Fund, including information on the irregularities, and above all the consequences of rejecting this information and reports. Reference was made to the automatism in these measures, to the role played by the National Electoral Commission (PKW) in them, to the amount and appropriateness of sanctions provided for in the event of rejection of information, but above all to party reports or the proportion of the penalty in relation to the committed infringement of the regulations of the Act on political parties, which sometimes result in the loss of the party's right to subsidies from the state budget. The considerations were based on a case study, but also on the case-law of the National Electoral Commission, the Supreme Court, the Constitutional Tribunal, and the positions of academic writers. The emerging proposals for legislative solutions in this matter have also been presented and new de lege ferenda conclusions have been formulated.

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