engleski

Legal framework for exercising the right of access to information

Openness, transparency and availability of information from public authorities is, above all else, the foundation of a democratic society and also a significant factor in the growth and advancement of economy. To reflect this, the right of access to information was raised to the constitutional level in 2010 and constitutes one of the basic human rights. This paper will present the legal framework for exercising the right of access to information in accordance with the Act on the Right of Access to Information (lex specialis). Competent authorities will be highlighted and teleological, grammatical and logical interpretation methods will be used to analyze procedural provisions regulating the implementation of special administrative procedures related to provision of information. Furthermore, after a decision by the information commissioner and a possible appeal procedure, dissatisfied parties may obtain the next level of legal protection by initiating an administrative dispute by appealing before the High Administrative Court of the Republic of Croatia. The decision on particular administrative matters is exempted from the jurisdiction of first instance administrative courts by a regulation from 2010. whereby it is transferred to a hierarchically higher court instance. The said exemption from first instance jurisdiction does not constitute a rule in domestic or comparative law of European countries. The High Administrative Court of the Republic of Croatia rules primarily as a second instance court, so special attention will be given to the specificity of its role and position in providing court protection in this special administrative area. By analyzing specific court cases from administrative law practice using the casuistic method, we will provide insight into its decision-making process. As part of the above, we will conclude by trying to determine the legislator's reasons, as well as the justification for transferring decision- making and handling cases in a single instance before the highest specialized court within the administrative judiciary.

access to information ; special administrative procedure ; appeal procedure ; Information Commissioner ; first instance administrative dispute ; High Administrative Court of the Republic of Croatia

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