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  1. 1 Kontrola Państwowa

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  1. 1 Szustakiewicz P.

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  1. 1 2012

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Pojęcie dokumentu wewnętrznego – orzecznictwo sądów administracyjnych

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Szustakiewicz P.
Kontrola Państwowa
|
2012
|
vol. 57
|
issue 6(347)
75-85
EN
The definition of an internal document is comprised in the ruling by the Supreme Administrative Court (NSA) of 18 August 2010 which provides that it is a document that is not addressed to external entities, meant for sharing information among the employees, presenting the rules they need to obey in given situations, and which can also be a step in preparations for developing an act that is a form of the activity of a given entity. Once the term “an internal document” was coined, a debate has started on whether it can be publicised or not. Two opinions have appeared in this respect: a formalist one, supported by some representatives of the doctrine who believe that each official document should be disclosed, and the material one, expressed mainly in the judicature of the NSA and regional administrative courts, according to which it should be the contents of the document rather than its form that should make it disclosed or not.
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