Veritas Iuris ISSN 2657-8190 The semiannual journal Veritas Iuris of the Faculty of Law and Administration of Lazarski University
Climate protection in urban policy – legal challenges and tasks for public administration
The article analyses the role of public administration in shaping future cities, with particular emphasis on integrating climate neutrality and the protection of cultural heritage. It outlines the principal responsibilities of public authorities in implementing emission reduction strategies and adapting urban spaces, with a particular focus on land-use planning. Furthermore, it examines contemporary smart city technologies that enhance the efficient management of resources and the optimisation of energy consumption. The discussion also addresses the challenges of preserving cultural identity and safeguarding historic urban fabric in the context of spatial transformation. The study concludes with an overview of social participation mechanisms and potential administrative measures supporting sustainable city development.
public administration, climate neutrality, cultural heritage, smart cities, green infrastructure
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Entitlement to vacation leave under the provisions of the labor code after termination of an administrative service relationship, as exemplified by the police act
The article is of a scientific and research nature, and its subject is the analysis of legal acts and case law of the Supreme Administrative Court and the Supreme Court in the field of administrative law, labor law and service pragmatics, i.e. the Police Act. The subject of the considerations is the issue of vacation leave to which a police officer is entitled during the administrative and legal relationship and after its termination, and then taking up employment under the provisions of the Labor Code in the same calendar year, taking into account the possibility of applying calculations in accordance with the principle of proportional leave (Article 1551 § 1 section 2 of the Labor Code). The research goal was to demonstrate that vacation leave can be calculated on the basis of the Labor Code to a former police officer, despite the payment of a cash equivalent for unused vacation leave, who acquired this right under the existence of the service relationship, and also that in the case of a service relationship that is also regulated by special provisions, it is possible to apply the provisions of the Labor Code only in cases where the legislator directly indicates this in the provisions of the Act.
police officer, service relationship, annual leave, cash equivalent, proportional leave
Legal challenges related to the use of stem cells in rejuvenation procedures
The aim of this article is to analyze the legal challenges related to the use of stem cells in rejuvenation procedures. Given the dynamic development of aesthetic medicine and the growing interest in therapies based on stem cells, it becomes crucial to define the legal framework governing their application. The paper discusses both national regulations and selected international standards concerning the admissibility, safety, and supervision of such procedures. Particular emphasis is placed on issues of legal liability of practitioners, patient protection, and risks arising from insufficient harmonization of legal provisions. The analysis seeks to identify regulatory gaps and possible directions for the development of law in the field of stem cell use in aesthetic medicine.
stem cells, aesthetic medicine, rejuvenation procedures, legal regulations, patient safety, legal liability, bioethics
Lack of consent as the basis for redefining article 197 § 1 of the criminal code
The study addressed the issues and doubts concerning the change in the definition of rape, specifically through the addition of the element of consent to the basic provision. However, this is not possible without highlighting the specificity of the problems that the criminal law system grapples with, and revealing the legal gaps that the amendment of June 28, 20243 creates. At the outset, it was necessary to outline the historical background, which showed how the provision of Article 197 § 1 of the Criminal Code has evolved over the years, what Legal prerequisite it has established so far, as well as their relation to the explanatory memorandum of the parliamentary bill amending the act of February 14, 2024. The second thematic area was based on an attempt to define the meaning of consent as an element of the crime of rape. The research attempt included considerations based on the Patient Rights Act and the Patient Rights Ombudsman, Civil Code, as well as relevant doctrine. The third area focused on examining the need for a redefinition. The analysis includes statistical data, the 20134 amendment to the prosecution procedure, issues of victimization and re-victimization, as well as reflections based on court rulings. The final area aimed to identify and address problems that have been left unrecognized, such as the scope of granted consent and its revocation, as well as the phenomenon of bodily paralysis in response to fear and violence. The primary research method applied in this study was the deductive method, encompassing the analysis of relevant literature and rulings.
consent, rape, violence, victimization, amendment
Review of the resolutions of the Supreme Court Criminal Chamber concerning substantive and procedural criminal law in 2024
The article is of a scientific and research nature, and analyses the resolutions and decisions of the Supreme Court Criminal Chamber related to procedural criminal law, which were issued in 2024, as a result of the examination of the so-called legal questions. The subject of the considerations are: discontinuation of criminal proceedings due to res judicata (Article 17 § 1 item 10 of the Code of Criminal Procedure), effectiveness of the injured party’s statement on acting as an auxiliary prosecutor (Article 54 § 1 CCP), re examination of an injured party who was under 15 years of age at the time of the examination (Article 185a § 1 CCP), admissibility of examining in criminal proceedings the validity or effectiveness of a constitutional act appointing a judge by the President of the Republic of Poland (Article 439 § 1 item 1 CCP), referral of a legal issue for resolution to the Supreme Court (Article 441 § 1 CCP), meaning of the phrase “in unregulated matters” (Article 558 CCP), compensation and redress due to a child of a mother deprived of liberty (Article 8b, section 1 of the February Act), effectiveness of the appointment of the First Deputy Prosecutor General acting as the National Prosecutor (Article 47, section 1 of the Law on Higher Administrative Courts), effectiveness of the appointment of the National Prosecutor without the opinion of the President of the Republic of Poland (Article 14, section 1 of the Law on Prosecutors), effectiveness of the appointment of a district prosecutor (Article 15, section 1 of the Law on Prosecutors), application for the Supreme Court to adjudicate on discrepancies in the interpretation of the law (Article 83, section 1 of the Law on Supreme Court), reopening of proceedings concluded with a final disciplinary judgment or a resolution authorising the holding of criminal liability of a judge. The aim of the analysis was to assess the accuracy of the decisions of the Criminal Chamber of the Supreme Court using the dogmatic-legal method.
compensation, subsidiary prosecutor, decision, res judicata, hearing, criminal procedural law, National Prosecutor, Supreme Court, judge, witness, resolution, legal issue
Dog maintenance and the custody of pet – a landmark judgment in Spain. Is such a decision also possible in the light of the Polish legal order?
The aim of the work is to discuss the groundbreaking judgment adjudicated in Spain, which may initiate a new line of jurisprudence in divorce and maintenance cases in the continental law system in the field of human-animal relations and ties. In particular, the article will present the issue of the possibility of awarding alimony for a dog and the issue of granting the right to care for a quadruped one of the parties to the trial by the Spanish legal order. The work will approximate the Spanish legal provisions on the basis of which the aforementioned landmark judgment was issued. The article also discusses the legal situation of a pet animal under Polish law and issues related to the dilemma or a similar solution, as in Spain, is possible to be ruled by the Polish justice system.
dog, maintenance, legal custody, divorce, animal welfare, animal rights in family
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Contraception for minors in Polish law: conflicts, limitations, and international contexts
The article analyzes the implementation of patient rights and access to contraceptive methods for minors between the ages of fifteen and eighteen. Proper care in the field of sexual health is particularly important in the context of the legal possibility of sexual intercourse for teenagers who have reached the age of fifteen. Raising social awareness and disseminating specialized medical knowledge contribute to ensuring safety and preventing crimes against sexual freedom, with minors as victims. It is necessary to differentiate the scope of a minor›s self-determination regarding: visiting a specialist doctor, undergoing an examination, and being prescribed contraceptive methods, depending on their age. The publication also presents a comparative analysis of Poland and other European and non-European countries regarding minors› access to healthcare and contraception. Finally, the authors present legal solutions available in other countries that could serve as inspiration for Polish legislation.
contraception, minor patient rights, sexual health
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Airbnb and company. How short-term rental is changing the real estate market
Short-term rental, which involves renting apartments and houses per number of days, is rapidly growing in Poland, especially in tourist destinations. The lack of clear legal regulations in this area leads to numerous problems, such as rising housing prices, limited access to properties for permanent residents, and unfair competition against the hotel industry. The European Union is introducing new regulations aimed at standardizing rules and protecting the interests of all parties involved in the short-term rental market. Poland is also taking steps to adapt to these changes, striving for sustainable tourism development and better control of this sector.
short-term rental, real estate market, housing market, property law
Insurance broker in public contract for property insurance of a medical entity
The article is an original work, dedicated to the role of an insurance broker in the process of an award of a contract for property insurance by healthcare institutions under the regime of the Public Procurement Law. An overwhelming number of healthcare institutions contracting insurance, are obliged to conduct a public procurement procedure. Insurance services are not objectively excluded from the application of the Public Procurement Law. The contracting authority may conduct the procedure itself, or in cooperation with an insurance intermediary, such as an insurance broker. The insurance broker may conduct the procedure by proxy, or may participate in the procedure as an expert or member of the tender committee. The participation of an insurance broker does not relieve the contracting authority’s manager of responsibility for the conduct of the procedure. Controversy arises over the brokerage form of the remuneration, but an analysis of law regulations and insurance practices, makes it possible to conclude that there is no conflict of interest in terms of the Public Procurement Law. The aim of the research is to analyze the role of the insurance broker in public procurement procedures and the potential for conflicts of interest. The scope of the research includes healthcare institutions, insurers and insurance brokers, operating in the territory of the Republic of Poland, since the commencement of law of September 11, 2019, Public Procurement Law. The above subject is not is not widely addressed in jurisprudence and doctrine, which positively influences the originality of the results and significant cognitive value.
public procurement law, property insurance, medical institution, insurance broker.
Responsibility of the auditor and the audit firm for quality control of the performance of the engagement
The subject of this paper is to present the principles of responsibility of the engagement quality control reviewer both from the point of view of his own responsibility for the performance of the service and the responsibility of the audit firm. Special attention was paid to the possibility of being subject to disciplinary, administrative, civil and labor liability. The study attempts to answer the following questions. First, whether the location of the engagement quality control reviewer within the team, or outside the team, conducting the audit is relevant to his own responsibility for the performance of the service, as well as the audit firm’s liability therefor. Second, whether it is possible to impose an administrative penalty on the audit firm in the event of non-performance or improper performance of the engagement quality control reviewer. Thirdly, whether it is legally possible to “pass on” to the engagement quality control reviewer the financial consequences incurred by the audit firm, caused by the need to pay administrative fines imposed on the audit firm, as well as – the consequences of further possible damage suffered by the company as a result of the behavior of the engagement quality control reviewer.
auditor, audit firm, responsibility, quality control of the order execution
Protest in the form of blocking or obstructing traffic
The subject of the article is an analysis of legal provisions, as well as proposed changes regarding the obstruction or blocking of road traffic, in the context of protests conducted in such a form, and an outline of possible solutions to this issue. The considerations focus on topics such as: presenting the problem in the context of protesters’ activities, the current legal response (art. 90 § 1 of the polish code of misdemeanors) and its evaluation in terms of the statutory elements of a prohibited act, the right to protest and the possibility of its limitation, international regulations related to the protection of protesters (ICCPR and ECHR), an assessment of the 2021 amendment to the polish code of misdemeanors with regard to art. 90, and an outline of possible solutions.
polish code of misdemeanors, assembly law, assembly, protest, constitution, european convention on human rights, charter of fundamental rights, road traffic
The formation of a driving license suspension
The subject of the article is the analysis of regulations concerning the suspension of driving licenses and the institutions corresponding to them earlier since regaining independence in 1918, aimed at determining its possible evolution and defining its significance. Tracing over 100 years of its regulation, in particular its causes, has shown a clear development of this legal institution. This is evidenced by its relatively early isolation and gradual expansion of the reasons for the suspension of driving licenses and finally giving it a statutory character.
withdrawal of authorization, driving license, temporary withdrawal of permit, suspension of driving license, driving permit
Procedure of suspending the collection of excise duty: gloss on the judgement of the court of justice of 24 march 2022, case no. C-711/20, Tanquid polska sp. z o.o. v generální ředitelství cel .
The aim of the article is to discuss and analyse the judgement of the Court of Justice of 24 March 2022 in the case No. C-711/20 TanQuid Polska Sp. z o.o. v Generální ředitelství cel from the point of view of its importance to ensuring that excise duty is chargeable in all Member States in the same way. On the basis of the judgement, in particular, the rules regulating the holding, movement and monitoring of products that are subject to excise duty are presented. The article includes an analysis of and a commentary on the decision taken by the Court of Justice. In addition, the influence of the judgement on the subsequent practice of the customs and tax authorities is presented.
excise duty, Directive 92/12/EEC, movement of products subject to suspension of the collection of excise duty, falsifying official accompanying documents, offences or irregularities committed in the course of movement of products subject to excise duty within the suspension arrangement, incorrect withdrawal of products from the suspension arrangement, receiver unaware of movement, obligatory guarantee in relation to movement
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The role of precedent in the system of sources of law
The purpose of the article is to explore and compare the role of judicial precedents in the system of sources of law in the common law and civil law cultures. The technical and functional features of a precedent are evaluated, as well as its de jure and de facto influence, with the definition of the relevant factors that have impact on and drive the dynamics of the development of the judicial system. The notions of the precedent value and legal importance are explored and applied for evaluation and classification of the role that a particular judicial decision may play. As a result of the analysis, it is concluded that the variety of determinants, that must be considered in order to evaluate the scope of influence of a judicial decision, is extremely broad and context–dependent. In conclusion, instead of conventional methods of analysis that are accepted in the common law and civil law systems, there is a demand for a principally new system of classification that must be subject to further research and ideological development of legal innovations.
civil law, common law, precedent de facto, ratio decidendi, jurisprudence constante
Development of the Procedure of Presenting Charges in the Polish Criminal Trial
The article discusses the way in which the procedure of presenting charges in the Polish criminal trial has been shaped since Poland regained independence. Therefore, the solutions adopted in the 1928 Code of Criminal Procedure are discussed, attention is drawn to the changes that entered into force together with the Decree of 21 December 1955 amending the provisions of criminal procedure, and the regulations concerning the presentation of charges laid down in the 1969 Code of Criminal Procedure are thoroughly analysed. Comments are also made on the currently applicable provisions of the 1997 Code of Criminal Procedure and subsequent amendments to it. On the one hand, the article is aimed at extracting data useful for reconstructing the historical process from the past and explaining the current shape of the procedure. On the other hand, an attempt is made to indicate the genesis of the phenomena the results of which can be observed today. Referring to the basic legal acts in the history of the Polish procedural legislation and the statements made by some prominent lawyers, the article also strives to present the most credible picture of the evolution of the perception of the procedure of presenting charges.
presenting charges, bringing a suspect to justice, suspect, codification, amendments to criminal procedure
Historical Aspects of the Accusatorial Procedure Principle in a Criminal Trial
The paper presents the historical evolution of the accusatorial procedure principle in a criminal trial. In the first place, the beginnings of the principle formulation are discussed with reference to the Athenian and Roman trials, the accusatorial procedure principle in the Middle Ages, and the beginnings of the accusatorial procedure principle in the modern criminal trial. The differences occurring in the E nglish trial and the issue of a mixed trial are presented. Separate deliberations are devoted to the accusatorial procedure in the Polish territories, starting from the old Polish trial, through the regulations of the states partitioning Poland, and ending with the accusatorial procedure principle in the period of the Second Republic of Poland and the Polish People's Republic.
accusatorial procedure principle, accusatory complaint, accuser, criminal trial rules
The right to dispose a property for construction purposes vs. co-ownership of property – gloss on the judgment of the Supreme Administrative Court of 17.03.2022, II OSK 832/21
The article focuses on the concept of the right to dispose a property for construction purposes, and how this right affects property ownership, particularly co-ownership. It also describes the legal consequences of a ruling by the Supreme Administrative Court concerning co-ownership of real estate in relation to the right to use the property for construction purposes.
right to dispose of real estate for construction purposes, co-ownership of real estate, Supreme Administrative Court
The Institution of the Impact of Investments on Neighboring Properties in the Light of Recent Administrative Case Law
The article analyzes the institution of the impact of investments on neighboring properties in the light of recent administrative case law, with particular attention to the historical treatment of the problem and the development of the provisions of individual laws, then moving on to the position of Polish administrative courts.
impact of investments on neighboring properties, administrative jurisprudence, administrative courts, construction law
Simplified Forms of Presenting Charges .
The subject matter of the article is the issue of simplified forms of presenting charges, which differ from the presentation of charges in the standard mode (applicable in the course of an investigation), and the reduction of some elements referred to in Article 313 CCP. Therefore, the article specifies a detailed characteristic of the reduced method of presenting charges, which is stipulated in Code of Criminal Procedure in relation to three cases: in activities conducted within the indispensable scope (Article 308 § 2 CCP); in an investigation (Article 325g § 2 CCP); and in an accelerated proceeding (Article 517c § 1 CCP). There is also reference to the issue of the moment of procedural effectiveness of presenting charges in a simplified mode, which has not been given sufficient attention in the doctrine and case law so far. It was decided that the transformation of a simplified proceeding into the in personam phase occurs when the person conducting an activity finishes informing (or in accordance with Article 325g § 1 CCP, notifying) a suspect of the charges. Due to the fact that the provisions concerning activities within the indispensable scope, an investigation and a simplified proceeding are not edited in a uniform way, there is a suggestion that the regulations that are in force should be amended.
presenting charges, bringing a suspect to justice, suspect, activities within the indispensable scope, investigation, accelerated proceeding
Development of Particular Accusatory Complaints in the Polish Criminal Trial
The paper discusses the issue of the development of particular accusatory complaints in the Polish criminal trial. In the first place, a standard indictment and a simplified one, and next an indictment with a motion to issue a sentence without a trial are discussed. Separate deliberations are devoted to a subsidiary complaint, and a private and mutual indictment. In addition, a motion to conditionally suspend a proceeding and a motion to issue a sentence in an accelerated proceeding are analysed. The article also analyses the main tendencies towards legislative changes and presents legislative motives and the stance of the doctrine.
indictment, accusatory complaint, accusatorial procedure principle, private indictment, subsidiary complaint, motion to conditionally suspend a proceeding
Abuse of the right of access to public information
The Law on Access to Public Information does not define the limits of the exercise of the right of access to information. Subsequently, the use of the right in question often serves purposes that are inconsistent with the objectives of the Act. As a response to this practice, the concept of abuse of the right of access to public information has been developed in doctrine and case law. The foundations of this concept, however, are the subject of debate. There are also doubts about both the criteria for its application and the limits of its use. The paper addresses the aforementioned issues and aims to confirm two theses. F irst, that despite the absence of a legal provision introducing the concept of abuse of the right of access to public information, there are legitimate grounds for it. Second, that the proper application of this concept can serve to achieve a compromise between the need for access to public information and its possible abuse.
public information, abuse of the right, goals
Obtaining information on the use of wiretapping on the basis of the act on access to public information
The article discusses the issue of obtaining information on the use of wiretapping under the Act on Access to Public Information. Whereas the administrative courts have been adjudicating in cases concerning access to public information for over 21 years, taking into account the implementation of the public subjective right stipulated in Art. 61 of the Constitution of the Republic of Poland and that they have adopted a broad meaning of the term “public information” in their case law, as well as the subjective scope of beneficiaries entitled to access to public information, there are still doubts as to the possibility of providing information to a person under surveillance. Both the case law of the Provincial Administrative Court and the Supreme Administrative Court have been cited, which plays an important role in understanding the terms contained in the act and which also arouses great interest of the public opinion.
wiretapping, public information, administrative courts, case law, constitution
Trade unions and employers’ organizations as a subject of the constitutional right to public information
This article describes both the duties and rights of trade unions and employers’ organizations resulting from the constitutional right to public information, indicated in Art. 61 of the Constitution of the Republic of Poland. This right allows private entities to exercise control over the activities carried out by public authorities, as well as real cooperation and dialogue in public space. Therefore, it is not surprising that the statutory regulation provides for the participation of social partners in the implementation of this political right. Trade unions and employers’ organizations are obliged to provide public information and have the right to access such information. This puts these organizations in a special position, because under the right to public information, their status seems to be separate from private and public law entities. At the same time, the position of social partners defined in this way in the implementation of political constitutional law seems to go beyond the social freedoms and rights with which their activities are traditionally associated.
trade unions, employers’ organizations, access to public information, social partners, dialogue
Error as a premise for exclusion of criminal liability for failure to provide public information
The article discusses the error in the understanding of penal provisions in terms of excluding the liability of the person obliged to provide public information. The author made an attempt to determine the core of an error justified or significant enough to be an effective ground for excluding the criminal liability of the person obliged to provide public information. For this purpose, she bases her considerations on the well-established directions of the doctrine, supplementing theoretical research with selected jurisprudence.
public information, criminal liability for failure to provide public information, error
Prohibition on making available of unawarded competition entry and studies elaboration – de lege lata and postulates de lege ferenda
The publication addresses the issue of the prohibition on making available of unawarded competition entry and study elaborations under Article 358(4) of the Public Procurement Law. Article includes an assessment of the current regulation in the context of the principle of proportionality in lawmaking, as well as the legitimacy of its establishment in terms of preventing a competition participant from exercising his right to a court, as well as in terms of compliance with the principle of openness and the principle of equal treatment of economic operators. As a consequence of the analysis of this regulation, arises a concern about its compliance with the provisions of the Constitution of the Republic of Poland and the Public Procurement Law, and the effects of its enactment are negative, therefore the publication includes a proposal to amend the regulations in this regard.
design contest, secrecy, unawarded competition entry, right to a court
Anonymous request as basis for releasing public information
The subject-matter of the paper concerns the minimum formal requirements for a request for releasing public information in terms of the need for the applicant to provide data necessary to identify it. Pursuant to Article 2(1) of the Polish Public Information Access Act, “everyone” is granted the right to access public information. The aim of this paper is to provide an answer to the question whether, in view of such statutory regulation, there are grounds to require applicants to provide additional information that identifies them or whether a request that does not contain any data in this respect, i.e. an anonymous request, can constitute a sufficient basis for releasing public information. With a hypothesis that an anonymous request is, in principle, the basis for releasing public information, the paper addresses the question whether such request can remain anonymous throughout the public information release process. The analysis conducted confirmed the hypothesis adopted as to the admissibility of the anonymous request and, at the same time, permitted formulating an opinion that this principle may be restricted in exceptional instances in the event of releasing processed information. Furthermore, the identification of the applicant will also be relevant if there are grounds for discontinuing the proceedings or refusing to release the information in whole or in part and if it is necessary as a result to issue an administrative decision where identifying the addressee is an indispensable element.
access to public information, public subjective right, eligible entity, minimum formal requirements of a request, anonymous request
Access to public information and access to documents of the public procurement procedure, including the protocol and its annexes
The paper concerns issues related to the disclosure of the protocol of the public procurement procedure with annexes, in particular the public procurement contract and its annexes, on the basis of the currently applicable regulations applicable to the above. First of all, it was indicated who and on what terms may request the contracting authority to provide a protocol of the proceedings with attachments. Next, the deadline for submitting the application and submitting the requested documents was discussed. The issue of indicating what a protocol of proceedings is, what obligatory elements must be included in its content and what documents constitute annexes to the protocol (including obligatory documents), with particular emphasis on the public procurement contract and its annexes, will be discussed. It is problematic to determine whether an annex to a public procurement contract constitutes an annex to the protocol and therefore is subject to disclosure under the PPL, or whether an annex to the contract should be made available under the Public Information Access Act. The nature of the annex will be discussed, in particular whether it should be treated as an integral part of the contract or whether it is a document related to the contract, but in the context of making its content available, indicating its independent existence. The PPL Act directly indicates that the contract constitutes an annex to the protocol, but does not indicate whether the annex to the agreement should also be treated as such. The analysis of the above will also take into account the moment of completion of the procurement procedure as a time limit for the closure of the protocol, and thus the establishment of the catalogue of annexes to the protocol of the procedure.
public information, public procurement, protocol of conduct, reasonable transparency, access to documents
Disclosure of the public information on the implementation of a public-private partnership (PPP) project by the private partner
The paper discusses the issues of the obligation to disclose public information by the private partner’s within the implementation of a public-private partnership (PPP) project in cooperation with the public entity and the tensions, conflicts and synergies between the principles of transparency, fair competition and protection of trade secrets. The peculiarity of PPP in this context lies in the non-identity of the factual and legal situation of the partners running together the same project. The main premise of PPPs and the motive for using this formula is the private partner superior competence and efficiency. Thus, the inherent feature of the nature of PPP is an asymmetry of information, manifested by the private partner’s (agent’s, contractor’s) different, usually greater, resource of information about the implementation of the project, as well as a higher ability to process and interpret it, than that of the public entity (principal, contracting authority). In the context of the provisions on access to public information, this means the need to consider, among others, such issues as whether the scope of information provided by the partners is the same, whether the same information should always be considered public information with respect to each partner, what are the consequences of the partners’ potentially inconsistent approach to interpreting the rationale for limiting or denying access to public information. These issues need to be explored more extensively due to the relatively low level of scientific recognition and their significant importance both theoretically and practically.
public information, public private partnership (PPP), information asymmetry
Actual and legal limitations of the right to public information against the background of native legislation
In this article the author presents the range of limitations of the right to public information, which are included in the law on access to public information. At the beginning the author formulates a definition of limitation. At the end of this article, the author try to make a classification of limitations on actual limitations and legal limitations, depending on the reason of limitation in a specific situation. The author also evokes views of doctrine too, where we find the split into limitations sensu stricto and sensu largo. The last think is the analysis of legal means, which are entitled to applicants for a given limitation.
law on access to public information, right to public information, limitations of the right, classification of limitations, protection of classified information
Access to public information in the context of abuse of the right to public information
The paper indicates what is and what is the access to public information. The view of the doctrine and jurisprudence of the objective scope of the Act on Access to Public Information was discussed, hereinafter referred to as the u.d.i.p. The subject-object criteria that must be met by public information were analyzed - the analysis was made in the context of the regulations contained in the Constitution of the Republic of Poland and in the jurisprudence of the Supreme Administrative Court, hereinafter referred to as the Supreme Administrative Court and Voivodeship Administrative Courts, hereinafter referred to as the Voivodship Administrative Court. The issue of the limitation in the scope of providing public information was discussed (Article 5 of the Act on Public Information Act) The next part of the paper presents practical issues and problems faced by entities - applicants and authorities obliged to disclose public information. The issue of the widely challenged inaction of the public administration body was raised to the voivodeship administrative courts. The most common problems arising from the analysis of such complaints are presented. Problems concerning the abuse of the right of access to public information by the parties were considered. The analysis was made on the basis of court-administrative jurisprudence, but also on the content of pleadings submitted by the parties to court proceedings. The problem of more and more frequent lodging of complaints by a large group of applicants regarding the same category of judgments to many courts in Poland was pointed out. The analysis was made on the basis of the Central Database of Decisions and Information on Cases and on this basis the scale of abuse of the right to public information was explained. In the last part of the paper, the issue of the benefit of the possibility of exercising the right of access to public information in the context of the possibility of abuse of this right was presented.
public information, access to public information, restrictions on access to public information, abuse of the right of access to public information