scholarly journals Attempt to increase the transparency

2017 ◽  
Vol 1 (2) ◽  
pp. 167-173 ◽  
Author(s):  
Rastislav Munk
Keyword(s):  
Slovak Republic ◽  
Legal Regulation ◽  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
Legislative Changes ◽  
Right To Information ◽  
The Right

The author deals with problems related to the Amendment to the Freedom of Information Act in the Slovak Republic in this article. In the introduction, the author assesses the legal regulation of the use of the right to information in the Slovak Republic. Subsequently, the author discusses the legal regulation of the use of the right to information in the Slovak Republic and expresses its attitude towards the legal regulation of the use of the right to information in the Slovak Republic, underlining the possibility of adopting legislative changes. It is also concerned with the Amendment to the Freedom of Information Act and with the practical problems associated with the right to information.

scholarly journals Access to Information Held by Public Authorities

2016 ◽  
Keyword(s):  
Record Management ◽  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
Public Authorities ◽  
The Public ◽  
Time Limits ◽  
Right To Information ◽  
Definition Of ◽  
Definition Of Information ◽  
The Right

Chapter 4 considers the administrative structure created by the Freedom of Information Act 2000; the right to information itself; the public authorities that are subject to the right; and the way in which requests for information should be handled. The chapter addresses the form of the request; the definition of ‘information’; the problems that tribunals have had in deciding whether information is held by a public authority; time limits; the transfer of requests from one authority to another; the duty to provide advice and assistance; fees and costs; vexatious and repeated requests; and the notice which has to be given when a request is refused. The chapter then considers the automatic disclosure of information through publication schemes, the need for consultation with third parties, and record management.

Information indeed is power – people and their right to information

2017 ◽  
Author(s):  
Dr. R Balasubramaniam ◽  
M N Venkatachaliah
Keyword(s):  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
Common People ◽  
Youth Movement ◽  
Asymmetry Of Information ◽  
Democratic Development ◽  
The People ◽  
History Of ◽  
Right To Information ◽  
The Right

This chapter focuses on the passing of the Right to Information (RTI) Act in 2005, an important milestone in the history of democratic India which conferred upon common people the right to request information from any ‘public authority’. This Act, comparable to the Freedom of Information Act (USA) has tremendous potential to tackle corruption and asymmetry of information in public, and it is therefore imperative that every citizen of the country knows about this act. The chapter then looks at how the Swami Vivekananda Youth Movement (SVYM) undertook a campaign-on-foot to create awareness about RTI among the people of some 120 villages in 2008. Covering five districts in South Karnataka, the campaigners interacted with thousands of people in about a month on not just people's right to information, but also on different issues related to democratic development including corruption, accountability, and citizen's responsibility.

An Overview

2016 ◽  
Keyword(s):  
Public Interest ◽  
Public Authority ◽  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
Public Authorities ◽  
The Public ◽  
Codes Of Practice ◽  
Right To Information ◽  
The Right ◽  
The Relationship

The Freedom of Information Act 2000 is an unnecessarily complicated piece of legislation. Chapter 2 gives a simple overview of the Act: the framework for the new statutory right to information; the exemptions; the public interest test; the way in which the right is regulated through the Information Commissioner and codes of practice; enforcement through the tribunal system; and the relationship between freedom of information and data protection. The chapter considers the questions public authorities have to ask when someone seeks information and identifies the provisions concerning practice, procedure, and implementation, including the offence of altering records and the provision in section 78 that nothing in the Act is to be taken to limit the powers of a public authority to disclose information held by it.

EU Citizens’ Right to Know: The Improbable Adoption of a European Freedom of Information Act

1999 ◽  
Vol 2 ◽  
pp. 303-328 ◽  
Author(s):  
Ulf Öberg
Keyword(s):  
Eighteenth Century ◽  
Well Being ◽  
Public Affairs ◽  
Public Access ◽  
Open Government ◽  
Freedom Of Information ◽  
Right To Know ◽  
The European Union ◽  
Freedom Of Information Act ◽  
The Right

There is without doubt a radical difference between the culture of open government in Sweden and the until recently prevailing culture of secrecy in Britain and within the European Union. From a classic British sceptic’s perspective, “public access to official documents is deemed unnecessary, since British democracy has functioned for so long without it”. The British “have always relied heavily, although not always successfully, on the concept of ‘ministerial responsibility’ to Parliament in order to secure public trust in government”. The mainstream of eighteenth-century British political thought held that the nation’s political well-being required the foundation of an informed gentleman citizenry. By the middle decades of the eighteenth-century, the movement away from the idea of a citizenry composed exclusively of gentlemen was firmly established on both sides of the Atlantic. It became increasingly acknowledged that men of the “meaner sort” should have the right to hold opinions on public affairs and ought to be allowed to protest against governments and laws they deemed improper.

scholarly journals Statutory Bar on the Right to Exercise a Mortgage Under the Conditions Applicable in the Slovak Republic and Comparison with the Legal Regulation of the Czech Republic

2021 ◽  
Vol 12 (3) ◽  
pp. 224-238
Author(s):  
Nikola Pacalajová ◽  
Martin Kubinec
Keyword(s):  
Czech Republic ◽  
Real Estate ◽  
Slovak Republic ◽  
Case Law ◽  
Legal Regulation ◽  
Judicial Activism ◽  
Public Records ◽  
The Czech Republic ◽  
The Real Estate ◽  
The Right

Abstract Based on the analysis and comparison of legal regulation and existing case law, the authors present in the paper their opinion on the issue of deleting mortgage with statute-barred claim from public records (Land Registry). The Slovak legal regulation, in contrast with the Czech one, does not include an explicit provision enabling the deletion of mortgage with statute-barred claim from Land Registry. Taking into consideration the aspect of justice, the authors reached the conclusion that even without a normative platform, it is necessary to allow the mortgagor to apply to court to determine that the real estate is not mortgaged and subsequently use the court’s decision as a basis for deletion. However, since the courts decide in this case, using judicial activism, knowingly contrary to the purpose and content of the institute of statutory bar, the authors consider it essential that legislation be adopted as soon as possible to regulate this situation.

scholarly journals The right to information about the activities of public authorities: certain theoretical and legal aspects

2021 ◽  
pp. 9-14
Author(s):  
Alla IVANOVSKA ◽  
Olena HALUS ◽  
Iryna RYZHUK
Keyword(s):  
Active Form ◽  
Relevant Information ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Access To Information ◽  
Public Authorities ◽  
The Public ◽  
Democratic State ◽  
Right To Information ◽  
The Right

It is found that the right to information about the activities of public authorities is linked to the more general constitutional right of everyone to freely collect, store and disseminate information in any lawful manner. The analyzed law is subject to international and domestic rules governing the right of access to information in general. At the same time, this right is regulated in great detail by special regulations that establish additional guarantees. An important guarantee that ensures the realization of the right of citizens to information about the activities of public authorities is the principle of transparency, which applies in many democracies around the world. The principle of transparency is manifested, firstly, in the fact that public authorities are obliged to inform the public about their activities, and secondly, every member of society has the appropriate right to receive such information, and the level of access to information about activities of public authorities is very important. Forms of exercising the right to information about the activities of public authorities, taking into account the peculiarities of legal regulation, are divided into passive and active. The passive form presupposes that the citizen himself gets acquainted with the information about the activity of the public authority, which duty is to make it public. An active form of exercising this right involves direct appeals of citizens or their groups to public authorities with requests to provide relevant information. It is concluded that ensuring the exercise of the right to information about the activities of public authorities is the key to building a democratic state governed by the rule of law and relies on public authorities, which are obliged to create all conditions for public participation in the adoption of legal acts by these bodies and to provide adequate access to complete and objective information about their activities.

scholarly journals Eutanasia: legal regulation in european countries and prospects for legalization in Ukraine

2021 ◽  
Vol 7 (3) ◽  
pp. 479-486
Author(s):  
Marija V. Mendzhul ◽  
Andrianna Yu. Badyda ◽  
Yuliia I. Fetko ◽  
Roman M. Fridmanskyy ◽  
Viktoriia I. Fridmanska
Keyword(s):  
Human Rights ◽  
Assisted Suicide ◽  
Slovak Republic ◽  
Legal Regulation ◽  
European Countries ◽  
Passive Euthanasia ◽  
European Court ◽  
Fundamental Freedoms ◽  
The Moment ◽  
The Right

The article is devoted to a comparative legal study of the legalization of euthanasia in European countries and Ukraine. The authors have investigated the changes in the ECHR positions in the consideration of cases of euthanasia and assisted suicide. We concluded that the decisions of the European Court of Human Rights include an attempt to guarantee a balance in the right to choose the moment of death and the rights that are protected by 2 and 8 of the Convention on Human Rights and Fundamental Freedoms. The ECHR practice has been found to also influence the legalization of euthanasia in European states. Analysis of the laws of several European states in the context of legalizing the institution of euthanasia allowed us to group them as follows: European states that have legalized euthanasia (Netherlands, Belgium, Luxembourg, Switzerland, and Spain); European states that have legalized only passive euthanasia (Great Britain, Ireland, Latvia, Norway, Slovak Republic, Finland, Sweden, and Hungary); and European states that prohibit any kind of euthanasia (France, Poland, Romania, etc.).

scholarly journals Open Government Data and the Right to Information: Opportunities and Obstacles

2012 ◽  
Vol 8 (2) ◽  
Author(s):  
Katleen Janssen
Keyword(s):  
Open Government ◽  
Freedom Of Information ◽  
Government Information ◽  
Alternative Source ◽  
Open Government Data ◽  
Considerable Impact ◽  
Government Data ◽  
Right To Information ◽  
The One ◽  
The Right

This article discusses the relationship between the open government data (OGD) movement and the right to information (RTI) movement. While both movements are closely related, there are some differences that may have a considerable impact on the right of the citizen to access government information. The article argues that the calls for OGD may on the one hand risk limiting the access to government information, while on the other hand they may also provide an alternative source of access to information for existing freedom of information legislation, which is being threatened in some countries.

scholarly journals Personal information rights and freedoms within the modern society

2018 ◽  
Vol 51 (1-2) ◽  
pp. 24-33
Author(s):  
Oleg Gennadievich Danilyan ◽  
Alexander Petrovich Dzeban ◽  
Yury Yurievich Kalinovsky ◽  
Eduard Anatolievich Kalnytskyi ◽  
Svetlana Borisovna Zhdanenko
Keyword(s):  
Functional Analysis ◽  
Personal Information ◽  
Information Use ◽  
Modern Society ◽  
Freedom Of Speech ◽  
Freedom Of Information ◽  
Information And Communication ◽  
Access Information ◽  
Right To Information ◽  
The Right

The authors ascertain the correlation between the freedom of information use and both the freedom of speech and the right to information. There was applied the entire toolbox of interrelated and complementary universal scientific and specific methods inherent to philosophic research. The research methodology rests on the system and structure-functional analysis principles. The notions of information, freedom, justice and law are closely interlinked. When exercising freedom one inevitably makes his or her choice from among the available actions while relying on the previously obtained information. The human information rights that are, in their turn, a part of the overall notion of the law enjoys an exceptional role within the freedom of information. Far from being exhausted by the freedom of speech and the right to information, the freedom of information also includes various other aspects. It concerns the entire information and communication sphere at large. The freedom of information is not reduced to any certain type of socially-oriented information. The notion of the right to information goes beyond the right to access information while both of them take on the same social roles and are often terminologically interchangeable.

MINIMALNI NIVO ZAŠTITE PUTNIKA U VAZDUŠNOM SAOBRAĆAJU - REŠENJA EVROPSKE REGULATIVE I DOMAĆEG ZAKONODAVSTVA

2021 ◽  
Author(s):  
Mirjana Knežević ◽  
Keyword(s):  
Air Transportation ◽  
Legal Regulation ◽  
Common Mechanism ◽  
Property Relations ◽  
Rights Protection ◽  
Significant Step ◽  
Right To Information ◽  
The Right ◽  
Special Rights ◽  
Air Carriers

This paper analyses the legal mechanisms which guarantee minimum rights to air passengers in case they are denied boarding against their will, their flight is cancelled or delayed. In case of breach of contracts of carriage by air, passenger rights are protected by law as special rights (minimum rights) and comprise the right to information, reimbursement, re-routing, care and indemnification. This study examines the existing regulation from the Law on obligations and the basics of property relations in air transport, which reflects the stipulations of the Montreal Convention (1999) and the Regulation 261/2004 of the European Parliament and of the Council establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 259/91. The Regulation defines minimum passenger rights protection and is part of our positive air transportation legislation. Although this is a significant step towards unifying the legal regulation and creating a common mechanism for protecting air passenger rights, we suggest that it also poses a serious challenge for air carriers: how will they meet all the demands of the modern air transportation market, and fully inform the passengers on their special rights and ways to exercise these in certain situations.

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