A Fine and a Sum of Money in Court-Administrative Proceedings Concerning Inaction in the Disclosure of Public Information – Comments in the Context of the Latest Case Law

Abstract

The constantly changing conditions of the surrounding world and the development of a democratic system and civil society require the legislature to ensure the effective implementation of political rights, which doctrine generally classifies as first-generation human rights. One of these is the right to access public information. Providing public information is the responsibility of the entity to which the request is submitted. Incomplete fulfillment of a request or failure to respond implies an undesirable state of inaction. The tool for enforcing the right to public information is judicial review of public administration actions, conducted by administrative courts through complaints about inaction. Specific instruments for combating this inaction regarding the disclosure of public information include fines and monetary awards (Article 149 § 2 of the Law on Administrative Court Procedure). An analysis of statistical data from voivodeship administrative courts from recent years (January 2021 – February 2024) indicates an increasing frequency of dismissals of applicants’ requests for fines or monetary awards. This article aims to answer the question of whether current administrative court case law adequately protects the interests of complainants seeking access to public information by applying fines and monetary sanctions in public information proceedings. The author also attempts to answer the question of whether fines and monetary sanctions in proceedings concerning failure to provide public information are an effective means of disciplining authorities, or whether they constitute an institution of judicial law that has lost its significance due to judicious interpretation of the regulations.