Dopuszczalność normowania spraw z zakresu dostępu do informacji publicznej w akcie prawa wewnętrznego z perspektywy konstytucyjnego systemu źródeł prawa

The principles of access to public information and the procedure of access to public information have been comprehensively regulated by universally binding provisions, with an exceptionally broad expansion of these regulations at the level of norms contained directly in the Constitution. Such a legislative scheme, otherwise determined by the systemic principles of the system of sources of law, does not exclude, however, the admissibility of standardising matters in the scope of access to public information by way of acts of internal law, within the meaning of Article 93 of the Constitution. Each such act, however, in order to continue to be correct, must respect the constitutional model of an act of internal law. This, as a consequence limits considerably the subjective and objective scope of standardisation and significantly renders the freedom of the actions of the internal lawmaker unrestricted. In internal acts within the scope of access to public information it is permissible to standardise organisational-technical or technical-order issues – and thus matters of a strictly internal character. The strictly internal character of the matters regulated in the act of internally binding law should be understood as such. As a result, only such normative provisions that constitute the adjustment of the principles and mode of operation of a given entity in the sphere of access to public information to its specific organisational conditions and the corresponding principles of functioning, but remain legally irrelevant from the perspective of the entitled entity.