Recent Case-Law in Relation to the Act on Freedom of Information Cover Image

Recentná judikatúra súdov vo vzťahu k zákonu o slobodnom prístupe k informáciám
Recent Case-Law in Relation to the Act on Freedom of Information

Author(s): Matej Horvat
Subject(s): Law, Constitution, Jurisprudence
Published by: Univerzita Palackého v Olomouci
Keywords: transparent public administration; open public administration; the right to information; access to information; fictitious decision; negative fictitious decision; Act on Freedom of Information;

Summary/Abstract: The paper deals with the most important right which is related to the transparent and open public administration, i.e. the right to information. It describes the Act on Freedom of Information in terms of the concept of fictitious negative decision. It analyses recent case-law which states that the fictitious decision must give way to the issued decision, even in cases in which fictitious decision predates the “real” decision. The article highlights the possible misuse of the case-law and it points out how this problem could be settled by the legislator in the near future. Finally it describes the liability if there would be a misuse of interpretation in the said case-law which was highlighted in the article.

  • Issue Year: 11/2016
  • Issue No: 2
  • Page Range: 141-156
  • Page Count: 16
  • Language: Slovak