Abstract:

The idea behind the reflection on the access to public information, based the disclosure principle guaranteed in Article 61 of the Constitution of the Republic of Poland, emerged in light of the report for the years 2017-2021 by the Human Rights Commissioner, which reveals that the principle was not followed. Selected examples of such instances are described in this article. In Poland citizens have a right to access information on the operations of public authority estates and on public officials, as stated in Article 61 of the Constitution of the Republic of Poland. As indicated in doctrine, both the Supreme Administrative Court of Poland and the Supreme Court have frequently referred to issues of direct implementation of the Constitution, and have held the view that courts are entitled to rule based on the Constitution and to not apply legislation which is inconsistent with it. The issue of access to public information has been generating a lot of interest in Poland for some time. Disclosure is the element which enables the fulfilment and implementation of the right to public information. Public access to information in the possession of public authorities and bodies performing public tasks determines the correct functioning of a democratic society. The author also lists issues related to restricting the right to public information. This problem often raises doubts and problems resulting from ambiguous judicial practice. In such circumstances organs of public administration do not always perform their duties connected with providing access to public information. It is often convenient for them and they use judicial decisions as justification, creating a sense that public information is not accessible to everyone on equal terms. Despite apparent equality in access to information, as guaranteed by legislation, it is clear that in its decisions administrative jurisdiction dictates the scope of disclosure of public life.