Legal opinion on the principles of access to evidence collected by the Constitutional Accountability Committee (BAS‑WAL 165/14)

The author points out that the possibility of access to evidence in the course of work of the Constitutional Accountability Committee depends on the consent of a body conducting the proceedings, i.e. Constitutional Accountability Committee. According to him, the Committee is obliged to make all evidence (including classified information) accessible to the person subject to initial application and his/her defence council. Nevertheless, he emphasizes that access to evidence composed of classified information should be provided in the office for confidential documents of the Chancellery of the Sejm. In the authors view, the defence council should not be required to have an adequate security clearance level or a valid certificate of training in the field of classified data protection