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APPLICATION OF THE INDIVIDUAL-S RIGHT FOR TIMELY AND COMPLETE INFORMATION ABOUT THE STATE OF THE ENVIRONMENT IN THE SLOVAK REPUBLIC
Abstract
The fundamental political right guaranteed by the Constitution of the Slovak Republic is the freedom of expression and the right to information, without this right the existence of a genuine democratic establishment is not possible. Democracy and its basic principles, expressed in the Constitution and in the laws of every democratic state, represent a legal institution in terms of the theory of law. As it follows from Article Number 26, Paragraph 1 of the Constitution of the Slovak Republic, freedom of expression and the right to information are guaranteed. In this paragraph, the Constitution generally guarantees freedom of expression and the right to information, while the remaining four Paragraphs and Article Number 34, Paragraph 1 to 3 and Article Number 51, Paragraph 2 provide for a more detailed explanation of the content of these terms and the definition of the basic limits of possible restrictions belongs to Article Number 45 of the Constitution of the Slovak Republic, whereby the Constitution guarantees to everyone to have the right to timely information on the environment and the causes and consequences of this condition. The implementing legislation of this article is the Implementation of Freedom of Information Act is the subject of this contribution. In our opinion, this is a specific topic that legal theorists are not interested in. Using scientific methods of research, as well as the study of scientific literature and Slovak and Czech case law, we analysed selected Provisions of the Freedom of Information Act. The result of the paper is a review of the Freedom of Information Act to realize the right to information on the state of the environment and to find an answer to the research question whether it is necessary to amend or supplement the Freedom of Information Act. The paper is focused on the area of administrative law, but it goes far beyond the constitutional law of the Slovak Republic.
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