In the discussed judgment, the Voivodeship Administrative Court in Warsaw erroneously dismissed an action brought against the Chancellery of the President of Poland for its failure to act. Requested by the applicant, the legal opinions concerning the election of the judges of the Constitutional Tribunal in 2015 – the drafting of which had been commissioned by the Chancellery – constituted public information. Contrary to the stance taken by the Court, the first and last names of the authors of the opinions were also subject to disclosure.

Commentary on the Judgement of October 13th 2016 issued by the Voivodeship Administrative Court in Warsaw (Ref. no. II SAB/Wa 232/16)

In the discussed judgment, the Voivodeship Administrative Court in Warsaw erroneously dismissed an action brought against the Chancellery of the President of Poland for its failure to act. Requested by the applicant, the legal opinions concerning the election of the judges of the Constitutional Tribunal in 2015 – the drafting of which had been commissioned by the Chancellery – constituted public information. Contrary to the stance taken by the Court, the first and last names of the authors of the opinions were also subject to disclosure.