Access to public information SK 27/14
Ref. No. <link s sk-2714 _blank>SK 27/14
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 18 December 2018
The Constitutional Tribunal, composed of:
Michał Warciński – Presiding Judge
Grzegorz Jędrejek
Zbigniew Jędrzejewski
Julia Przyłębska – Judge Rapporteur
Andrzej Zielonacki,
having considered, at a sitting in camera on 18 December 2018 – in accordance with Article 92(1)(1) of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U. item 2072) – a constitutional complaint lodged by Mr A.L. with the Tribunal for it to consider the conformity of:
Article 3(1)(1) of the Act of 6 September 2001 on Access to Public Information (Journal of Laws – Dz. U. No. 112, item 1198, as amended) to Article 61(1) and (2) in conjunction with Article 61(3) as well as Article 31(3) of the Constitution,
adjudicates:
Article 3(1)(1) of the Act of 6 September 2001 on Access to Public Information (Journal of Laws – Dz. U. of 2018 items 1330 and 1669) – insofar as it correlates the right to access processed public information with the provision of proof that access to such information is of particular significance to the public interest – to Article 61(1) and (2) in conjunction with Article 61(3) and Article 31(3) of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
pursuant to Article 59(1)(2) of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U., item 2072), to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Michał Warciński
Grzegorz Jędrejek
Zbigniew Jędrzejewski
Julia Przyłębska
Andrzej Zielonacki