Module Learning Objective

choose proportionate measures for different conflicts and benefits

1. Regulatory Concept & Core Standards

In this video we will consolidate a skill: choose proportionate measures for different conflicts and benefits. Use the case to test what you would do in a similar situation. We will explain the proposed response step by step so that you can understand each choice and recognise when more information would be needed. Personal interests can affect a decision or reasonable perceptions of impartiality. This course separates disclosure, assessment and exclusion. Article 56 Pzp matters in public procurement. An organisational gift policy needs its own scope and does not create a universally safe financial limit.

Apparently similar situations may require different measures. A family link to a candidate, a financial interest in a supplier and an institutional invitation have different contexts. Consider influence over the decision and specific rules. Popularity or business convenience must not determine the response.

Apply the following rule: External reports may be submitted to the Rzecznik Praw Obywatelskich, the Commissioner for Human Rights, or the competent public authority. Prior internal reporting is unnecessary. The Commissioner receives reports, conducts an initial assessment and forwards them where appropriate. The RPO portal explains that anonymous reports are accepted only exceptionally, considering the importance of the case and public interest.

2. Practical Implementation & Procedure

Compare three cases using decision, interest, rule, alternative and owner. Identify when declaration, withdrawal or refusal is needed. Explain how each measure reduces risk. Avoid symbolic steps such as leaving a vote after independently determining all criteria. Before moving on, turn this procedure into a sequence you could explain to a colleague. Identify the first check, the action that depends on its outcome and the record that allows the decision to be reconstructed. Follow the sequence on screen and identify the point where an error would change the result.

3. Case Study & Compliance Action

One employee drafts requirements for a relative’s company, while another merely shares the public notice address. Their degree of influence differs and should be reflected in the assessment. Now read the case carefully. Separate established facts from information you would still need to confirm. Do not add motives or events that have not been described. This distinction matters when choosing a response proportionate to the information available.

The exercise is as follows: Does discovering a family relationship settle every case in the same way? Choose an answer and write one sentence explaining it. During the pause, compare your choice with the criteria we have just considered. Also think about the material you would retain to explain the decision later.

No. Apply the specific provision and establish the person’s role. In public procurement, statutory conditions take precedence over a more permissive internal practice.

One mistake to avoid is: limiting conflict management to the final vote or signature.

Now apply the national rule to a second decision. An advice webpage is listed as the sole destination for every report. What check is missing?

Check the recipient’s role and competence. RPO, competent public authorities, police and advisers do not have identical functions. Find the current dedicated route. An external report does not require prior internal reporting. Public disclosure needs a separate Article 51 assessment.

National Legal Framework: Ustawa z dnia 14 czerwca 2024 r. o sygnalistach, transposing Directive (EU) 2019/1937 of the European Parliament and of the Council on the protection of persons who report breaches of Union law.