Decyzja kasacyjna organu odwoławczego w sprawie o udostępnianie informacji publicznej na wniosek
Cassation decision of the appeal body regarding the disclosure of public information upon request

Summary/Abstract: The commented judgment concerns the procedural issue of the “way of reacting” by the appeal authority to the decision of the authority of the first instance refusing to make public information available in a situation where the appeal authority considers that the refusal decision of the authority of the first instance was not correct and there are grounds for making the public information available in the form of a substantive and technical act (not in the form of an administrative decision). The occurrence of that issue is a consequence of the failure to adapt the provisions on decisions terminating the appeal proceedings in the general administrative proceedings to the specificities of the procedure concerning the access to public information.The author agrees with the position presented by the Supreme Administrative Court in the commented judgment, which advocates the need to repeal the first instance decision and to refer the case back to the authority of the first instance which should make the requested public information available.

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