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Is Rectification of an Erroneous Lustration Declaration Impossible?

In the run-up to the local elections, the problem of erroneous lustration declarations of local government officials returns yet again. Once filled in, lustration declarations become binding even if they contain errors. In the opinion of advocate Paweł Osik, a partner at the Pietrzak Sidor & Partners Law Firm, one can get an impression that in certain lustration cases the Institute of National Rememberance (INR) feels that its actions can go unpunished.

In the recent days, the media has reported on the case of two local officials Mr Henryk Macała from Wrocław and Mr Jacek Czarnecki, the mayor of Chełmża commune in Kujawsko-Pomorskie voivodeship. Both officials committed obvious errors while filling in their lustration declarations and both, for many years, have been trying to rectify erroneous information.

According to advocate Paweł Osik, such situations raise reasonable doubts. “A person running for public office has the right to submit a lustration declaration before each elections. The election commission, in turn, has a duty to publish a note on the content of the candidate's lustration declaration next to the candidate's last name," explains advocate Paweł Osik. "As the described cases show, it is difficult to rectify erroneous lustration declarations. Discretionary character of INR’s actions in the quoted cases is very dangerous,“ adds Paweł Osik.

More information available in an article by Jacek Harłukowicz, entitled Samorządowcy źle zlustrowani. Za dużo dowolności w działaniu IPN. The text is available only in Polish.