Annual Report for the year 2006
On providing information pursuant to the Act 106/1999 Coll., on free access to information
Number of accepted and handled applications for information
|Received in total||Handled directly||Referred for processing|
|Applications (Section 18 para. 1 letter (a))||10||8||0|
Section 18 para. 1, letter a)
Number of lodged applications for information: 10
Number of decisions on rejection of application (Section 15 of the Act 106/1999 Coll.): 0
Section 18 para. 1, letter b)
Number of appeals lodged against the decision: 0
Section 18 para. 1, letter c)
Copy of substantial parts of each judgement of court regarding revision of legitimacy of the decision of the obliged entity about rejection of the application for information:
On 7th of June, 2006, the Municipal Court in Prague decided in its decision issued under file no. 5 Ca 206/2005 in law case of the applicant J.K. Jr., domiciled in R. n/L., against the defendant, the Office of the President of the Republic, about the legal action against the fictive decision of the defendant on rejection of the application for information by refusing the application. None of the parties was conferred the right for compensation of costs of lawsuit. In the grounds of its decision, the Municipal Court states:
"In respect to the fact that the Office of the President of the Republic is not an obliged entity pursuant to the Act 106/1999 Coll. in providing the matters related to the execution of powers of the President of the Republic, it does not have any statutory power to render a negative decision in the administrative action if any piece of information concerning providing the matters related to the execution of powers of the President of the Republic is requested. Therefore, no fiction of taking of the decision about withholding of information could take place. As the defendant does not have any power of giving the decision about with holding of information, the fiction of taking such a decision did not take place, as alleged by the applicant, and the conditions for initiation of proceedings are thus not satisfied as there is not the decision whose cancellation is demanded by the applicant by means of the legal action".
The applicant filed a cassation appeal against the decision of the Municipal Court in Prague; it has not been decided about the appeal yet.
Section 18 para. 1, letter d)
List of provided exclusive licenses: 0
Section 18 para. 1, letter e)
Number of appeals filed pursuant to § 16a, reasons of their filing and the way of their handling: 0
Section 18 para. 1, letter f)
Applications for the information concerned individual clemencies, amnesties, state decorations, information related to appointment of concrete judges, audit of financial reports and financial statements concerning the budget of the Office of the President of the Republic.
Two applications indicated as the application for information were treated pursuant to the provision of Section 14 para. 5 letter c/ of Act 106/1999 Coll. and the applications were set aside.
The procedure was explained to the applicants and they were notified of it within the statutory time limit.