Legal opinion on the admissibility of giving access – in the procedure of providing public information – to applications, submitted according to (...) Cover Image

Opinia prawna w sprawie możliwości udostępniania – w trybie udzielania informacji publicznej – wniosków immunitetowych przedkładanych na podstawie(...
Legal opinion on the admissibility of giving access – in the procedure of providing public information – to applications, submitted according to (...)

Author(s): Piotr Chybalski
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: Poland; parliamentary immunity; publicly accessible information; Constitution;

Summary/Abstract: The author claims that applications for waiving the so‑called formal parliamentary immunity (Article 105 para. 2 of the Constitution) are examples of information about the activities of organs of public authority, regulated by Article 61 of the Constitution (public information). Therefore each citizen possesses the right to acquire access to such applications. However, it does not mean that each of applications may be disclosed. In some cases applications may include information that may be classified as secret under the relevant legislation or whose disclosure would violate the constitutional right to privacy. In case it happens, an application cannot be disclosed – due to the prohibition of granting access to such information provided by Article 5 of the Act on Access to Public Information.

  • Issue Year: 2013
  • Issue No: 4
  • Page Range: 213–221
  • Page Count: 9
  • Language: Polish