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EN
The paper refers to the limitation of obedience to official orders by officials of state offices. The subject of the study is orders in relation superior — subordinate, within an administrative organ. The writer treats the order as an actual activity and not an administrative act. In the writer’s opinion, in a situation when execution of an unlawful order would expose the official to legal responsibility, he should refuse to obey. Though this rule does not result expressis verbis from § 9 of the Decree of the (Polish) Cabinet, 20 Dec. 1974, but it can be deduced from the whole of existing law and rules. The duty to report the reservations to the order giver and the right to notify the higher superior about the wrong order have also been discussed in the paper. The above mentioned legal institutions are among the basic preventive means to secure the realisation of the principle of legality and to increase the democratisation in official relations.
EN
The aim of the paper is to investigate the new law regulation concerning the re-use of the public information, which has been introduced into the Polish Act on Access to Public Information from 2001. New regulation results from the implementation of the Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information into Polish legal order. Re-use means the use by persons or legal entities of documents held by public sector bodies, for commercial or non-commercial purposes other than the initial purpose within the public task for which the documents were produced. As a general rule, everyone has the right to re-use of public information. Moreover, the information is made available without conditions and no charges are made for the re-use. The exceptions to this general rule are made, as the public sector bodies may impose conditions of the re-use, determine the manner of re-use, charge a re-use fee, as well as refuse the e-use of the information. The refusal takes the form of a decision. An appeal against a refusal decision or a complaint can be filed to the administrative court.
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