Lubartów, April 2020
Victory!
The Provincial Administrative Court dismissed our complaint against the Lubartów Staroste!
You wonder what makes us so happy?
Although the Court did not recognize our complaint as justified, it found the information requested by us to be public information. Therefore, we calmly address the application to @Szpitala lalalala and wait for the answer. Sometimes it's worth losing to gain knowledge 😉
"Information on funds transferred by public entities (communes) to an entity performing public tasks (an independent public health care institution) undoubtedly constitutes information on public matters, and therefore constitutes public information. There is also no doubt that the Starosta as a public authority is obliged to disclose public information, provided, however, that it is in its possession (Article 4 (1) (1) and (3) of the Act). As correctly indicated in the jurisprudence, the right of access to public information means access to information already in the possession of the obliged entity and cannot be equated with the right to initiate (explanatory, control) activities aimed at producing qualitatively new information (cf. in Warsaw of April 27, 2020, II SAB / Wa 845/19). An effective accusation of inactivity of the Starost would require proving that the Starost, being in possession of the public information requested by the Foundation, did not disclose it, nor did he issue a decision refusing to disclose the information. "
We asked the Lubartów County Governor for a list of funds obtained by the hospital in 2019-2020.
We wanted to know how much money they supported the hospital of the commune of the Lubartów Poviat, because it is a poviat hospital. We decided that taking into account the catastrophic financial situation of the hospital, the Poviat, as the founding body, knows exactly who, how much and when "helped" the hospital with communal money. Maybe this is little information for the supervision supervision, but it is certainly significant for the inhabitants of the communes belonging to the Lubartów Poviat. Anyway, we were informed that the Starost did not have such information. "The staroste also has no knowledge where the applicant can obtain this information."
And since the Starost does not know who may have such information, it is no wonder that he did not apply Art. 65 of the Code of Administrative Procedure, i.e. he was not obliged to submit the application to the appropriate entity - in accordance with the justification rejecting our complaint by the Administrative Court.
It is logical if the Starost does not know who may know, and does not know who to pass it on to.
The Administrative Court knows because it wrote a justification in the penultimate sentence.
We recognize that the judgment is educationally valuable, therefore we publish it in its entirety.