Postępowanie sądowoadministracyjne w przedmiocie skargi na odmowę udzielenia informacji prasie
Administrative judicial proceedings in case of an application for refusal of information the press
Author(s): Przemysław ZdybSubject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: press law; administrative judicial proceedings
Summary/Abstract: The article presents the principles of control by the administrative courts exercising the press the right to information about the activities of businesses and entities not included to the public finance sector and acting not in purpose to make a profit in the case of refusal or failure to grant formal requirements for such refusal. The rules provide for two situations in which the obligation to provide the information the press is disabled. Firstly, when under separate provisions the information to be disclosed is covered by secret, and secondly where disclosure would undermine the right to privacy. Analysis of existing legislation and the case law reveals that the most important powers conferred to administrative courts in the press law relate to the possibility of setting aside the refusal to provide the information the press and its annulment, dismissal of the action in the event of refusal to recognize the correct as well as to determine the idle entity responsible for the provision of information. There was also a consideration of the views of the doctrine on the issue of cognition administrative courts in cases of refusal to provide the information the press as to constitute a derogation from the principle of the exercise by not only control the activities of public administration
Journal: Acta Iuris Stetinensis
- Issue Year: 2014
- Issue No: 05 (1)
- Page Range: 263-278
- Page Count: 16
- Language: Polish