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Watchdog Poland’s submission in the 4th cycle of the Universal Periodic Review

I. Transparency in the National Report preparation process as an example of insufficient protection of the right to information 1. The National Report should include a description of the methodology and the extensive consultation process conducted, including consultations with civil society [A/HRC/DEC/17/119, Chapter II, 2, A; Guidance Note on the National Report for the UPR…

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Problems with Freedom of Information in 2021 – state of play

The biggest problem in access to information was the situation on the Polish-Belarusian border and the introduction of the state of emergency. On the one hand, the regulation on the state of emergency restricted the Act on Access to Public Information, access for journalists and activists for 3 months (September-November 2021), and then the amendment…

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Rule of Law and the Civil Society- Watchdog and National Federation of Polish NGOs’ diagnosis (2021)

In 2021, almost nothing happened in terms of guarantees for NGOs. It was a crisis year in which there was sustained pressure on democracy and the rule of law. The only positives were that organizations led to public hearings being held on the National Recovery Plan and the election of an independent person as Ombudsman,…

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Explanatory Memorandum on Polish FOIA constitutional case K1/21

9 January 2021 Dr hab. Michal Bernaczyk Associate Professor of the University of Wroclaw Faculty of Law, Administration and Economics Constitutional Law Department To whom it may concern, members of the international community,                                           transparency advocacy groups, journalists, members of international media associations   Explanatory Memorandum on the Motion submitted to the Polish Constitutional Tribunal…

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#Watchdogs: The Use of Animals for Experimental Purposes is a Very Delicate and Difficult Matter

Roksana Maślankiewicz: Tell me, which came first in your case – the right to information or animal rights? How did you learn about the right to information? Anna Gdula: I started by advocating for animal rights. In 2012, I met Iza Kadłucka on Facebook. We founded the first “Lex Nova” Foundation. During the first years…

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#Watchdogs: I applied, I came, and… I stayed

Michał Zemełka, member of the Citizens’ Network Watchdog Poland, interviewed by Roksana Maślankiewicz. Tell us about your activity, how did you get interested in the issues of citizen control and the right to information? When did it start? What pushed you to become a watchdog?  For as long as I can remember, human and civil…

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#Watchdogs: We Care about Local Issues

Krzysztof Jakubowski, member of the Citizens’ Network Watchdog Poland, Founder and President of the Freedom Foundation (Fundacja Wolności), Man of the Year 2017 according to the Jury of the competition organised by “Dziennik Wschodni” is interviewed by Joanna Gucman-Muż. Joanna Gucman-Muż: As you know, Watchdog is celebrating its eighteenth anniversary this year. How many years…

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#Watchdogs: Jacek Werder – openess matters for ecology

Jacek Werder, a member of the Citizens Network Watchdog Poland, is interviewed by Paula Kłucińska.   Paula Kłucińska: How did you get started as a watchdog? Jacek Werder: I was interested in local politics on a casual basis for about a dozen years, but never consistently or systematically. That changed a bit after I moved…

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Technology in service of the right to information – Central Register of Contracts to be created in Poland

On 17 September 2021, the Sejm adopted the so-called anti-corruption bill authored by the Kukiz’15 party, and on 6 October it was passed to the Senate committees. Our representatives, Katarzyna Batko-Tołuć and Adam Dobrawy, participated in the session, presenting the our Association’s opinion on the Act (link to the opinion). After we presented our opinion,…

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#Watchdogs: An investor bought a forested plot, cut down the trees and brought in demolition waste

Ewa Majda, member of the Citizens’ Network Watchdog Poland, talks about her activity in conversation with Agnieszka Zdanowicz. Agnieszka Zdanowicz: Ewa, have you always felt the need to be socially engaged? Ewa Majda: Yes, that urge has always been in me. I’ve had periods of increased and reduced activity – I’ve been active in school…

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#Watchdogs: It started with sending out an application and ended with replanting over 150 trees

An interview with Marzena Błaszczyk, member of the Board of the Citizens’ Network Watchdog Poland, Chair of the Board of the association MODrzew and Vice-Chair of the Voice of Pedestrians Association. Martyna Bójko: Where did your social engagement start? What pushed you in that direction? Marzena Błaszczyk: When I was on maternity leave, I had…

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#Watchdogs: We asked for the minutes of the Traffic Safety Committee each week – and they have started publishing them on the Public Information Bulletin (BIP)

Interview with Marcin Nieroda, member of the Citizens Network Watchdog Poland. Paula Kłucińska: In one of your first messages, you wrote that you are a member of the local movement that works to improve traffic safety. Tell us about your activity. Marcin Nieroda: It started with the association Akcja Miasto [the “City” campaign], one of…

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#Watchdogs: Political parties forced me to go to court

Firmly convinced that the government should first and foremost serve the residents, he tries to turn this idea into reality. How does he do it in practice? We invite you to an interview with Krzysztof Pietruszewski, a member of the Citizens Network Watchdog Poland. Agnieszka Zdanowicz: Tell me, Krzysztof, how did your adventure with civil…

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#Watchdogs: “The Police Came and Asked if I Had Applied for Information to the Local Government Appeal Board”

An interview with Jakub Jaworski, a technical high school student and a member of the Citizens’ Network Watchdog Poland. Agnieszka Zdanowicz: I’d like to start our conversation with the question that intrigues me the most – how did you come to be interested in the control over authorities at such a young age? What was…

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#Watchdogs: The Right to Information Allowed Us to Show that Tenant Debt Is a Social Problem

An interview with Kinga Kulik, member of the Citizens’ Network Watchdog Poland and a tenant activist. Martyna Bójko: I know that for you and other activists in the Lublin Tenant Action (Lubelska Akcja Lokatorska), the right to information is primarily a tool to fight for tenants’ rights. How did it start? Kinga Kulik: I see…

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#Watchdogs: The right to information has ruined my life!

On the Watchdog Poland website, she writes about herself “I am a theatre actress by profession, but I am more and more interested in what the various authorities are hiding behind the scenes. I have found how important it is for democracy and the functioning of society to bring to light what is happening out…

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#Watchdogs: From Transparency in Sports to Transparency at the Supreme Bar Council

His adventure with the Citizens’ Network Watchdog Poland began in 2013, when he took part in the Civic Sports Monitoring. Obtaining and analysing information about sport in his municipality – Goleniów – sparked a long-lasting interest in transparency. We invite you to read our interview with Bartosz Wilk. Joanna Gucman-Muż: Tell us about your social…

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Failure to let a citizen in to attend a commune council’s meeting – a violation of the Constitution. The Ombudsman writes to a wójt (commune head).

– A citizen was denied the right to enter a session of the Commune Council in Krościenko Wyżne with the government pandemic restrictions cited as the reason – However, these regulations could not establish either a ban or a restriction on citizens attending the commune council’s sessions – the Ombudsman points out to the wójt…

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Petition to the First President of the Supreme Court concerning her motion to the Constitutional Court

107 entities signed a petition to the First President of the Supreme Court, appealing for the withdrawal of her motion to the Constitutional Court. The motion concerns the examination of the constitutionality of certain provisions of the Act on access to public information. If the Constitutional Court rules these provisions are unconstitutional, citizens will lose…

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Different ways to say “we do not possess the information”. Based on the example of the National Quarantine and the Medical Council

We asked the Chancellery of the Prime Minister and the Ministry of Health about the basis for the introduction of the national quarantine and information about the Medical Council, which was supposed to be a subsidiary body of the Prime Minister. Instead of information, we got a demonstration of different ways to inform about… the…

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The double standard of the minister of the environment. Why did Michał Woś form the mysterious working group?

Although Michał Woś, the Minister of the Environment, has set up a working group to promote transparency in NGO funding, he himself gives evasive answers and restricts the citizen’s right of access to public information. For this reason, we are taking legal action and filing a complaint of his inaction. What exactly is it all…

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Will Judge Igor Tuleya become martyr of transparency?

Who would have thought that it will be a judge that will be held accountable for potential irregularities in the preparation of Acts by the Sejm. No, not the Speaker of the Sejm. And not the governing majority either. Not even those that have been concealing information, for example, the Marshal’s Guard. Instead of waiting…

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In 2019 ruling majority discovered that transparency hurts

“I’m against raging transparency. Ivan Krastev, an eminent political scientist, has demonstrated that transparency can kill democracy” – claimed Andrzej Zybertowicz, advisor to President Andrzej Duda, on RMF FM radio station in January 2019. Even though Andrzej Zybertowicz explained that it was his personal opinion, there is no denying that in 2019, for the first…

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Citizens Network Watchdog Poland checks the facts

In times of disinformation and political marketing, citizens need someone to watch their hands. It can be difficult and time-consuming to check how an authority, especially one at a local level, functions. Citizens Network Watchdog Polska, the winner of the Polish-American Freedom Foundation’s “Sector 3.0” award, wants to help us carry out this task.Technology can…

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Mysterious random judge allocation algorithm

The Provincial Administrative Court in Warsaw ruled that the source code of the Random Case Allocation System in common courts does not constitute public information. According to the court, overseeing the functioning of tools used by the administration is not the role of the society but of professional bodies. The introduction of computer random allocation…

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“Emergency Exit” for Poland (review and opinion)

In 2018, a book by prof. Rafał Matyja, conservative political scientist, entitled “Emergency Exit”, brought a new outlook on the events in the political life. The author of the book recommends generational change in political life and rejection of the main divisions connected with two strong parties – Civil Platform and Law and Justice. However,…

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Appeal to stop proceeding the Law on Transparency of Public Life (reporting activities)

A group of 16 organization requested Prime Minister Mateusz Morawiecki to withdraw from proceeding the law on transparency of public life. Each of us sees different dangers brought by this law. They derive from the fact that the law was made without prior discussion, reflection and assumptions. On the way some amendments recommended by citizens…

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Wishes for Poland – let’s use the case law of the European Court of Human Rights (voice in a debate)

By conducting legal considerations about whether something is or is not public information, we lose the essence of transparency. This is neither necessary from the point of view of the law applied in Poland nor in accordance with the standards set by the European Court of Human Rights. Polish laws on the right to information…

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Watchdog Poland’s Program for 2018-2020

Where is Poland today? The most important challenges for 2018: local government elections and the change of the law on access to public information, and in the years to come – elections to the parliament as well as presidential elections. These make natural opportunities to take actions directed to politicians. Elections to local governments –…

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Regulations around decision making in the new draft legislation in Poland. October 31, 2017. (Opinion)

One of the goals of the draft Act on Openness of Public Life presented by Minister Kamiński (coordinator of special intelligence services) on October 23rd, 2017 is increasing the openness of the legislative process. Such idea may only be applauded, unfortunately the Minister misdiagnosed problems of the transparency of legislative processes, and the Act picks…

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Summarized opinions on the draft bill on “openness”. 30.10.2017. (Opinion)

Public Information: Persistent Non-transparency The draft opens another door to limit the right of access to information: government may refuse to disclose information if it deems the request has been filed in a ‘persistent’ manner and it would ‘significantly burden the operation of the target entity’. Access to information secured in the constitution of democratic…

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Above the Constitution (voice in a debate)

Citizens are constitutionally entitled to observe and record plenary sessions of the Sejm and Senate [the two chambers of the Polish parliament]. Arguing such rights with the Marshal’s Guards barring a citizen from entering, however, is another matter altogether. The Senate Marshal, Mr Stanisław Karczewski, published on the Senate’s website a statement claiming that [opposition]…

Dokumentacja

Who pays for elections? (activity)

In 2015 Citizens Network Watchdog Poland, Stefan Batory Foundation, Stanczyk Foundation, Fundacja Wolności [Freedom Foundation], The Institute of Public Affairs and Association 61 undertook a topic that has been vivid since 2005 and which is financing of elections. That time the presidential ones. Article 125 of the Election Code states that financing of the election…

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Show us your calendar, minister – press interview

Interview of Tomasz Kwaśniewski with Agnieszka Podgórska and Szymon Osowski for Duży Format (a special supplement to Gazeta Wyborcza).   We can share the translation thanks to the kind approval of Gazeta Wyborcza. *** We asked all provincial marshals and governors about the salaries of managers. And while we were at it, we also asked about…

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Application to the European Court of Human Rights on Violation of article 10 of the Convention on the Protection of Human Rights and Fundamental Freedoms

Below you will find translation of our Application to the European Court of Human Rights on Violation of article 10 of the Convention on the Protection of Human Rights and Fundamental Freedoms, signed on March 29, 2013. Full Application (in Polish). II EXPOSÉ DES FAITS STATEMENT OF FACTS (Voir chapitre II de la note explicative)…

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Constitutional Complaint Regarding Freedom of Information Act’s Provisions

Below you will find translation of our Constitutional Complaint regarding provisions of FOIA that restrict access to information on legislative process. The Complaint in Polish. Polish Freedom of Information Act before 2011’s amendments. The amendments to Freedom of Information Act introduced in 2011.   2nd January 2013 Warsaw Constitutional Court, Warsaw Complaining Party: Association of…