Tkaczyk Edyta, The amendment of the Act on access to public information was made as a result of the Constitutional Tribunal’s ruling on the revival of regulations
The amendment of the Act on access to public information was made as a result of the Constitutional Tribunal’s ruling on the revival of regulations
Keywords: revival of regulations, Constitutional Tribunal, effects of the judgment on the revival of regulations
1.Opening remarks
The issue of „revival of regulations” emerged in Poland through the decision of the Constitutional Tribunal as of 2000 and considered solutions included in the Constitution of Austria as a point of reference . The issue pertains to altering and repealing regulations . This is where our Constitutional Tribunal has taken the idea of revival from . „Revival of regulations” is complicated and assumes a potential revival of regulations and standards, i.e. reintroducing them into the system . If we assumed that the repealing regulation, that is the one which was inspected, were assigned to the general effect model, we would face a difficulty. The subject of our analysis will be a case study illustrated with the example of the Act on access to public information . It refers to the situation in which the Constitutional Tribunal repeals a regulation – leading to a legal loophole –...
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