On what two grounds may a person who asked a public institution for information bring an administrative lawsuit, and under whose procedure?
General information · Not legal advice
Material to check
In a practice file we read the disclosure request and the paper showing when it was submitted to the public institution, the institution's written disclosure decision or the file's silence on any decision, the list of papers forming the request, and the notice of suit filed with the court.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading sets out the two grounds the provision allows: the requester may bring an administrative lawsuit, as prescribed by the Administrative Litigation Act, either because the requester is dissatisfied with the public institution's decision in relation to information disclosure, or because no disclosure decision has been made although the period the provision sets has passed since the disclosure request was made.
Another reading marks the provision's limits: it speaks of a decision made by a public institution in relation to information disclosure, so it does not itself name the court that hears the suit, say when a suit must be lodged, or state what a pleading must contain, leaving those matters to the Administrative Litigation Act it points to.
Your judgment
When suit is filed because no decision has come, what in the record could establish that a request was made to the institution and that the period the provision sets has run?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to alter the period that has to pass, to add or remove a ground for suit, or if a court decision explains what counts as a decision on disclosure or as dissatisfaction with it.