scholarly journals The Right to Public Information. Selected Interpretation Doubts in the Doctrine and Jurisprudence of Administrative Courts

2020 ◽  
Vol 29 (1) ◽  
pp. 129
Author(s):  
Dominik J. Kościuk ◽  
Justyna Kulikowska-Kulesza

<p>The provisions of the Act on Access to Public Information regulate, among others, the subjective and objective scope of the right to public information, reasons for restricting access to information, procedure and form of disclosure, rules for creating and publishing information in the Public Information Bulletin, costs of activities leading to the disclosure of information and the establishment of complaint proceedings in the event of refusal to provide the public information requested. Therefore, it is worth to pay attention to several problems arising from the analysis of statutory provisions and the practical consequences of applying the Act of 6 September 2001 on Access to Public Information. The current, extremely extensive, output of doctrine and jurisprudence allows for a fairly “efficient” summary of the considerations made in both literature and judicial and administrative case law.</p>

2020 ◽  
Vol 4 (1) ◽  
pp. 112
Author(s):  
Rahmadhona Fitri Helmi ◽  
Karjuni Dt Maani ◽  
Aldri Frinaldi

The ability of the government to provide the availability of information with a variety of infrastructure and adequate content, accompanied by an attitude of openness and adequate mechanisms and procedures will facilitate the public to contribute or participate positively. The provision of information in the government is carried out by Public Information Management Officers (PPID) in each Public Agency. This research was conducted to find out how the understanding of PPID in the West Sumatra Province Tourism Office towards public information disclosure, knowing the meaning of information applicants and knowing the meaning of public information openness by the PPID in the West Sumatra Province Tourism Office. The method used in this study is a qualitative method with a phenomenological approach. The results showed that the understanding of PPID in the West Sumatra Province Tourism Office towards public information disclosure is quite good. The PPID is able to take responsibility for the mandate of Law Number 14 Year 2008 on Public Disclosure of information, which is responsible for storing, documenting and providing public information by supplying public information data available at the West Sumatra Province Tourism Office to the PPID in West Sumatra Province Government. The meaning of information applicants for PPID in the Tourism Office of West Sumatra Province is as a party that must be served and has the right to obtain public information because they are guaranteed by the Public Disclosure of information Law. While the meaning of public information disclosure for PPID in the West Sumatra Province Tourism Office is the guarantee for the public to get information from public agencies. Keywords: Public Information Disclosure Act, Information Public, Officials Manager of Information and Documentation


2018 ◽  
Vol 6 (1) ◽  
pp. 5-21
Author(s):  
Ewa Skrabacz

AbstractConstituting the key element of a democratic system, political parties are among entities obliged by the Polish legislator to comply with the principle of disclosure by providing public information. The main objective of this paper is to determine the level of Polish political parties’ disclosure, understood here as their willingness to disclose information on their own structures. It seems that the practice of disclosing such basic organizational data may constitute a specific measure of Polish political parties’ respect for the idea of disclosure. The subject matter of the conducted research was particular parties’ sites in the Public Information Bulletin as well as their official websites. An attempt was made to acquire data concerning party structures by way of direct contact with particular parties’ organizational units – questionnaires were sent to both central and regional/district organizational units. In order to acquire a wider perspective, the research also included data provided by the Central Statistical Office concerning political parties’ organizational structures and election manifestos. The conducted analysis was summarized in the form of a ranking of the examined political parties based on a proposed political party disclosure index. This attempt to measure disclosure on the basis of data on internal structures provided by parties themselves is of a preliminary character which, nevertheless, makes it possible to capture the general properties of the phenomenon under analysis. Among the examined parties, it is PSL, SLD, and PO that, to an acceptable degree, follow the principle of disclosure in the analysed scope (indexes at the level of 60%-80% of the maximum value). Four other parties, i.e. N, Wolność, Razem, and Kukiz’15, are on the edge of the zone making it possible to regard their disclosure as sufficient (indexes at the level of around 50% of the maximum value). In the case of PiS, whose index does not reach 20% of the maximum value, it should be concluded that this party implements the principle of disclosure at a minimum level. The ranking did not show relationships between parties’ willingness towards providing information and their sizes or positions on the political scene (parliamentary parties vs. extra-parliamentary parties).


1998 ◽  
Vol 57 (2) ◽  
pp. 374-390 ◽  
Author(s):  
WILLIAM BLAIR

Central banks have enormous sums of money in various forms of investments. When claims are made either against the banks themselves, or against other governmental bodies, issues arise as to whether these assets can be attached, and made available to satisfy judgments. The article explains how central banks are treated in English law. It explains the special provision made in respect of their assets under the State Immunity Act 1978. There is wide immunity from attachment, though questions can arise as to the ownership of such assets. The UK legislation is, in some respects, wider than its counterpart, the US Foreign Sovereign Immunities Act 1976. Recent case law is described in which the English courts have recognised that the public responsibilities of central banks have to be taken account of when determining the extent of their liability to attachment.


2021 ◽  
pp. 203228442110283
Author(s):  
Ashlee Beazley ◽  
Fien Gilleir ◽  
Michele Panzavolta ◽  
Joëlle Rozie ◽  
Miet Vanderhallen

This article is about the right to remain silent within Belgium. Although the right has always been considered applicable, both the courts and parliament have historically demonstrated a disinclination to define or engage with this. The right to silence is now formally recognised in the Belgian Code of Criminal Procedure, albeit with the classic distinction between those who are not (yet) accused of a crime and those who are formal suspects: while all enjoy the right not to incriminate themselves, only formal suspects in Belgium enjoy the explicit right to remain silent. Accordingly, whilst no one may be obliged to assist with their own conviction or be forced to co-operate with the authorities, it remains unclear how far the right not to cooperate effectively stretches. The case law seems to be moving, albeit slowly, in the direction of confining this right within narrower borders, particularly by excluding its applicability with regard to the unlocking and decryption of digital devices. This is not, however, the only idiosyncrasy concerning the right to silence in Belgium. Among those also addressed in this article are: the lack of caution on the right to remain silent given to arrested persons immediately following their deprivation of liberty (an absence striking for its apparent breach of Directive 2012/13/EU on the right to information in criminal proceedings); the possible inducement to breach the right to silence via the discretionary powers of the public prosecutor to offer a reduction or mitigation in sentence; the obscurity surrounding the definition of ‘interrogation’ and the consequences of this on both the caution and the obtaining of statements; and the extent to which judges can draw adverse inferences from the right to silence. The question remains: is the right to silence currently protected enough?


Author(s):  
Göran Rollnert Liern

La tramitación parlamentaria de la Ley de Transparencia ha reabierto el debate doctrinal sobre el acceso a la información pública como derecho fundamental. El trabajo hace una valoración de los argumentos utilizados en la discusión, en particular de la jurisprudencia nacional sobre este derecho y de su posible integración en la libertad de información del art. 20.1 d) CE interpretándolo conforme a los tratados internacionales y atendiendo a las recientes sentencias del TEDH dictadas en 2009 y 2013.The parliamentary procedure of the Law of Transparency has reopened the doctrinal debate on access to public information as a fundamental right. The paper gives a valuation of the arguments used in the discussion, in particular the national case-law on this right and the possible integration thereof in the freedom of information set in article 20.1 d) of the Spanish Constitution interpreting it according to international treaties and taking into account the recent judgments of the ECHR established in 2009 and 2013.


2019 ◽  
Vol 52 (1-2) ◽  
pp. 1-8
Author(s):  
Jurij Toplak ◽  
Boštjan Brezovnik

European Court of Human Rights ruled in 2016 that the European Convention on Human Rights includes a right to access information held by public authorities. While according to international documents the procedures for accessing information should be ‘rapid’, the courts have yet to rule on what ‘rapid’ means and when the procedures are so long that they violate rights of those asking for information. This article analyses the length of proceedings in access to information cases in Slovenia and Croatia. It shows that these two countries do not have a system of effective protection of rights because the authorities can easily delay disclosure of information for several years. It argues that lengthy procedures violate the right to access the information and the freedom of expression. It then presents solutions for improving access to information procedures in order for them to become ‘rapid’


2020 ◽  
Vol 9 (1) ◽  
pp. 110-116

The right to information is a human right as derogable right. Fulfilment of the right to information often leads to information disputes with Information and Documentation Management Officer (IDMO) as administrative officials who are given the task of managing information and documentation. Information dispute resolution becomes important to be resolved immediately because it is related to fulfilling a sense of justice and fulfilling the right to information for the community. The Establishment of the Government Administration Act (GA Act) causes the dualism of information dispute resolution. Article 53 of the GA Act will be the basis for resolving information disputes in the administrative court domain, while the Public Information Officer/PIO Act is the basis for resolving information disputes within the Information Commission domain. This dualism needs to be resolved to ensure legal certainty for the government and society as Justicia Belen. The development of dispute resolution reconstruction of information is conducted by strengthening information dispute resolution in non-litigation. Ideal information dispute resolution should be resolved first through administrative remedies (objections and administrative appeals) and through the Information Commission. The court becomes the ultimum remedium in resolving a dispute. Therefore, strengthening the Information Commission in terms of development, finance and authority is one way to strengthen the resolution of information disputes outside the court.


2021 ◽  
pp. 9-14
Author(s):  
Alla IVANOVSKA ◽  
Olena HALUS ◽  
Iryna RYZHUK

It is found that the right to information about the activities of public authorities is linked to the more general constitutional right of everyone to freely collect, store and disseminate information in any lawful manner. The analyzed law is subject to international and domestic rules governing the right of access to information in general. At the same time, this right is regulated in great detail by special regulations that establish additional guarantees. An important guarantee that ensures the realization of the right of citizens to information about the activities of public authorities is the principle of transparency, which applies in many democracies around the world. The principle of transparency is manifested, firstly, in the fact that public authorities are obliged to inform the public about their activities, and secondly, every member of society has the appropriate right to receive such information, and the level of access to information about activities of public authorities is very important. Forms of exercising the right to information about the activities of public authorities, taking into account the peculiarities of legal regulation, are divided into passive and active. The passive form presupposes that the citizen himself gets acquainted with the information about the activity of the public authority, which duty is to make it public. An active form of exercising this right involves direct appeals of citizens or their groups to public authorities with requests to provide relevant information. It is concluded that ensuring the exercise of the right to information about the activities of public authorities is the key to building a democratic state governed by the rule of law and relies on public authorities, which are obliged to create all conditions for public participation in the adoption of legal acts by these bodies and to provide adequate access to complete and objective information about their activities.


2021 ◽  
Vol 15 (1) ◽  
pp. 139-172
Author(s):  
Abdulkader Mohammed Yusuf

Information plays a vital role, both in terms of its importance for a democratic order and as a prerequisite for public participation. Many countries have made provisions for access to information in their respective constitutions. The FDRE Constitution explicitly provides that everyone has the right to seek and receive information. The Freedom of Mass Media and Access to Information Proclamation –which entered into force in 2008– gives effect to this Constitutional guarantee. Moreover, the number of laws on different environmental issues is on the rise, and the same could be said of the multilateral environmental agreements that Ethiopia has ratified. Many of the laws incorporate the right of the public to access environmental information held by public bodies. Despite the existing legal framework, there are still notable barriers to access to environmental information. By analyzing the relevant laws, the aim of this article is to contribute to the dialogue on the constitutional right of access to information with particular emphasis on the legal framework on, and the barriers to, access to environmental information within the meaning of Principle 10 of the Rio Declaration.


2021 ◽  
Vol 30 (4) ◽  
pp. 441
Author(s):  
Andrzej Niezgoda

<p>The article is of a scientific-research nature. The author discusses the problem of limits of judicial review of discretionary decisions made by taxation authorities, which aim at applying relief in payments of tax liabilities under Polish regulations and case-law of administrative courts. It may be noted that despite the issue of administrative discretion being discussed in the academic literature, the question of limits of judicial review in the practice of administrative courts still raises doubts. It is therefore reasonable to undertake the analysis of the main views formulated in the literature and the case-law of administrative courts addressing this problem, from the point of view of the limits of judicial review of discretionary decisions. The thesis of the article is that the nature of discretionary decisions on relief in payment of tax liabilities, determined by the function of administrative discretion, and, at the same time, the criteria set out in the law for judicial review of public administration, limit the role of the administrative court in examining the compliance with procedural law of the tax proceedings preceding the issuance of such a decision and the respecting by tax authorities of the fundamental values of the system of law expressed in the Polish Constitution. This is because they define the limits of administrative discretion, within which the choice of one of the possible solutions remains beyond the judicial review of the public administration. For the law, as it stands (<em>de lege lata</em>) there are no grounds for administrative courts, provided that the tax authorities respect the basic values of the legal system expressed in the Polish Constitution, to formulate assessments as to the circumstances and reasons justifying the granting or refusal to grant a tax relief, or its scope. The concept of internal and external limits of administrative discretion may therefore be useful for administrative court rulings.</p>


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