Making public information available as a form of protection of the entities’ legal interest in the light of the regulations concerning the promulgation of normative acts and other selected legal acts

Access to public information is a prerequisite for the existence of civil society and the premise of the existence of a democratic state of law. As one of the forms of social control performed by entities interested in information, it constitutes a category serving to protect the legal interest of the individual. The subject of this control is the proper functioning of public authority entities and implementation of tasks aimed at satisfying the collective needs of citizens resulting from the coexistence of people in society. What is important in the context of widely understood notion of public affairs also includes the category of data on existing law, that is the content yet not in force and applicable legal regulations. A detailed indication of the legal basis, the permissible forms and methods of making information public is the subject of this paper.

Promulgation as a condition precedent  for the coming into force of normative acts

The art. 88.1 of the Constitution of the Republic of Poland states: “The condition precedent for the coming into force of statutes, regulations and enactments of local law shall be the promulgation thereof”. This rule have an important meaning to protection of citizens’ rights and is one of the fundamental idea of a democratic state of law. Promulgation is not only a technical duty, but has important element of the binding of normative acts. The author analyses different procedures dealing with promulgation of statutes, regulations and enactments of local law. He especially concentrates on promulgations of ratified international agreements and promulgation of the European Union’s normative acts.