The right of access to public information in times of constitutional uncertainty and instrumentalization of law Cover Image

Prawo dostępu do informacji publicznej w dobie niepewności konstytucyjnej i instrumentalizacji prawa
The right of access to public information in times of constitutional uncertainty and instrumentalization of law

Author(s): HUBERT WOELKE
Subject(s): Constitutional Law, Civil Society, Public Administration, Public Law
Published by: Uniwersytet Adama Mickiewicza
Keywords: access to public information; KRS; instrumentalization of law; constitution; person holding a public office;

Summary/Abstract: The purpose of this article is to examine the current condition of the right of access to public information in Poland, taking into account especially the example of lists of support for the new National Council of the Judicary (Krajowa Rada Sądownictwa, KRS). The article also relates the right of access to public information to attempts to instrumentalize the law and confronts them. It is done through a theoretical analysis of the right of access to public information, in particular by defining its scope and limitations, referring to the doctrine and jurisprudence, and then referring the conclusions obtained to the actual events related to the dispute over the lists of support to the KRS. This topic is certainly really important in a state that is constitutionally based on the principle of a democratic state ruled by law, because it testifies to the condition of democracy as such.

  • Issue Year: 2023
  • Issue No: 13
  • Page Range: 143-154
  • Page Count: 12
  • Language: Polish