Prawo do informacji publicznej w działalności jednostek pomocniczych gminy
The Right to Public Information in the Activities of Auxiliary Units of the Municipality

Summary/Abstract: Auxiliary units of the municipality (sołectwa, housing estates, districts) constitute a specific organizational structure typical of basic-level local government units – municipalities. They are, on the one hand, communities of residents, and on the other, auxiliary bodies of municipal authorities, lacking their own competences and performing tasks entrusted to them within the scope of municipal self-government. Such a position within the organizational structure of auxiliary units of the municipality gives rise to a fundamental problem in applying the provisions of the Act on Access to Public Information, due to difficulties in unequivocally determining whether these units are entities obliged under the law to provide public information to citizens. The case law of administrative courts has not developed a uniform position in this regard. The research objective of this study is to discuss the issue of citizens’ access to public information related to the activities of auxiliary units of the municipality, to present the most important procedures and mechanisms ensuring the implementation of the constitutional right of every citizen to obtain information about the activities of public authorities, and to answer the question whether auxiliary units of the municipality are entities obliged to provide such information.

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