Slovakia / Supreme Court / 5Sžo/17/2011 and 5Sžo/20/2011 A. v Rector of Pavol Jozef Šafárik University

Key facts of the case:

The Supreme Court ruled on the judgment of the Regional Court in Košice by which the Defendant´s decision was approved. Judgement issued by the Regional Court in Košice confirmed the decision of the University to limit the Applicant’s freedom of information and refused to send him a copy of the entrance exam text. According to the Supreme Court´s decision, the Defendant shall proceed in accordance with the Freedom of Information Act and disclose information to the Applicant. In case the Defendant will continue to restrict the information, the decision must be adequately justified.

Paragraphs referring to EU Charter: 

 

In this regard, Applicant pointed to resolution No. 77/31 of the Council of Europe Committee of Ministers, under which the administrative acts should be properly justified. This obligation is also covered by the Article 41 of the Charter establishing the right to good administrative practice. The decisions (of the Defendant) are not properly justified if they do not indicate reasoning / legal or factual / which rector and dean followed when issuing decisions.

The Supreme court is highlighting that the applicant reasonably refers to the provisions of Article 41 of the Charter of fundamental rights of the European Union No. 2007/C 303/01 (hereinafter only as “Charter”), which upon entry of the Lisbon Treaty on December 1, 2009 into force, acquired the same binding force as EU Treaties. Article 41 guarantees a right to good administration and according to this article everyone has the right to have his or her matters handled fairly and impartially within a reasonable time by all institutions, bodies, offices and agencies of the Union. This right includes:

  • the right of every person to be heard, before any individual measure which would affect him or her adversely is taken;
  • the right of every person to have access to his or her file, while respecting the legitimate interests of confidentiality and of professional and business secrecy;
  • the obligation of the administration to give reasons for its decisions.
Deciding body (original language): 
Najvyšší súd Slovenskej republiky
Language: 
Slovak