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Introductory passage of the thesis deals with the general terms, which are then examined in more detail. The thesis provides the reader with some insight into this issue. Next it goes on to talk about the legislative regulation and discusses issues namely from the international level through to the constitutional and the legal. With all the basic contour outlines and the historical development of the right to information. Firstly from its conception in the Czech Republic and the final specification of the general law. Some interesting facts in connection with the legislative process are also outlined here. In the second part of the thesis, the author focuses on the legislative development of the Freedom of information act. This development is described chronologically from the earliest changes of the information act to the latest. This chapter is in large part devoted to significant amendments to the act. In contrast less significant changes to the act that have a rather legislatively technical character, and are devoted to a marginal part of this chapter. The whole of this part of the thesis also mingles jurisprudence of administrative courts and the Constitutional court, which over time contributed greatly to clarify the interpretation of the information act in the Czech Republic, and helped...

Disclosure of salaries of public authority employee - abstract This thesis is concerned with the issues of legal interpretation of key provision of Act No. 106/1999 Coll. on free access to information relating to disclosure of salaries of public authority employee. The thesis introduction is focused on the constitutional aspects of the right to information and the right to privacy. It is also focused on the collision of these two fundamental rights. The following chapter examines the disclosure of salaries of public authority employee regulation and discovers and expounds the intended meaning of this regulation by the principles and rules of standard methods of interpretation, especially lingual interpretation, systematical interpretation, historical interpretation and teleological interpretation. This chapter provides the lingual meaning of key provision of Act No. 106/1999 Coll. on free access to information, presents brief look at relationship between the disclosure of salaries of public authority employee regulation and other norms and legal acts of the European Union and finally finds the content, sense and purpose of the regulation from both subjective (historical) and objective (teleological) point of view. This chapter also deals with case law analysis. The focal discussion point of this thesis is...

Presented thesis called "Obliged entities according to The Act on Free Acces to Information" deals with obliged entities in compliance with current legislation, also with legislative development and with current specification in The Act on Free Access to Information. This thesis brings comprehensive view of current problems which arise from practice, primarily from point of view of legal science and specialized literature. Field of obliged entities is especially recently the frequent subject of decision-making practice, which is executed by the constitutional and administrative justice. Mentioned courts spread the number of obliged entities by their judicial working. Author of this thesis tries to present his own solutions of problems, which are related to current legal regulations. Obliged entities are those which have an obligation to provide informatik related to their activities in compliance with The Act on Free Access to Information. The Act on Free Access to Information enumerates four circles of obliged entities. These entities are state authorities, communal authorities and their bodies, public institutions and subjects to whom the law has entrusted deciding about legal matters, legally protected interests or duties of natural persons or legal entities in the area of public administration,...

Persons subject to duty under Act. No. 106/1999 Sb., on a free access to information Abstract Thesis Persons subject to duty under Act. No.106/1999 Sb., on a free access to information, which aim is to uncover the particular groups of the obliged persons and to point out to the most frequent problems, that during the application of the mentioned legal regulation around this groups occur, consists of the eleven parts in total. The first part deals with the right to information in its wide connection - as a constitonally embodied right, that on the one hand helps to fulfil partial principle of transparency of the public administration, which is a subset and a component of the democratic state of law principle, and on the other hand is means of effective utilization of the another rights, especially the political ones. The second chapter gives the definition of the term "information" and pursues to its typical attributes. This part of the text also points out the potentional non-standard handling with information and its legal consequences following from the various legal regulations. The third part summarizes the previous historical evolution of the emboding of right to information and the access to it in the worldwide and european context. The fourth chapter gives the Czech republic current legal adjustement...

Title of the Thesis: Freedom of information rights to obtaining information on salaries and bonuses of employees in public administration bodies This thesis aims to analyse the theoretical framework of the freedom of information laws in the Czech republic, with a particular focus on obtaining information about salaries, wages, and benefits of public administration employees, and its subsequent comparison with the practice. The goal of this thesis is not only to summarise the development of jurisprudence concerning the freedom of information laws up to this day, which will be dealt with in chapter II, as well as in the relevant parts of chapter III.1 and 2 respectively, dealing with the right to privacy and information self-determination. More importantly, this thesis aims to offer a possible solution to the conflict between, on the one hand, the right to obtain relevant information pursuant to the freedom of information laws, and, on the other hand, the right to privacy and information self-determination, using the proportionality test described in chapter III.4. In doing so, this thesis offers a framework that has not yet been used in the relevant literature. Following a short summary, the thesis introduces the sources of the freedom of information laws relevant to the Czech legal system in order...

The Dissertation sets out the results of an evaluation of certain aspects of the Commonwealth of Australia's Freedom of Information Legislation and proposals to introduce a Freedom of Information Law in Sri Lanka. The major purpose of the study was: (i) to evaluate whether the Commonwealth FOI Act has achieved the objects of Parliament - whether members of the public could have a free access to government information subject to important exemptions. (ii) whether a FOI regime should be introduced to Sri Lanka In conducting my research, I devoted three chapters to FOI in Australia including the development of the legislation. I analysed key components of the legislation and researched to what extent the FOI Act has achieved its objects. I devoted two chapters towards the concept of transparency of government in Sri Lanka, the attitude of the Courts towards the concept of the right to information and whether Sri Lanka needs a Freedom of Information Act. In the last two chapters, I have devoted a chapter each to the concept of translocation of laws and about an ideal FOI Act for Sri Lanka, which is an adaptation of the Australian Act. The individual components of the methodology incorporated: (i) a literature survey of the Commonwealth FOI Act, Freedom of Information in the United Nations and in the USA; and Sweden, Canada and New Zealand; (ii) a literature survey concerning the transparency of government in Sri Lanka (ii) interviews with a cross section Commonwealth FOI administrators and key politicians, lawyers and a cross section of members of the press and public in Sri Lanka; and (iv) research of the Australian FOI legislation The empirical data present an analysis of key features of the Commonwealth FOI Act with particular attention to exemption clauses. I have recommended some amendments to the FOI Act in view of the Commonwealth Government's policy of outsourcing some of its activities and the creation of a position of FOI Commissioner. Finally my research indicates that Sri Lanka needs Freedom of Information legislation to meet the challenges facing a developing country that is endeavoring to reach 'newly developed status' early in the new millennium. Furthermore, international lenders and donors are now requiring that developing countries like Sri Lanka seeking aid, should show more transparency in its activities. I have drafted a Freedom of Jiformation Bill for Sri Lanka. I have based the draft on the Australian law adapted to suit the local conditions in Sri Lanka, which is in Appendix "G".

Submitted by Edileide Reis (leyde-landy@hotmail.com) on 2013-04-15T13:31:23Z No. of bitstreams: 1 Ícaro.pdf: 1400485 bytes, checksum: 9a85d13e281cdd5215883a5acf60312b (MD5) / Approved for entry into archive by Rodrigo Meirelles(rodrigomei@ufba.br) on 2013-05-09T18:04:51Z (GMT) No. of bitstreams: 1 Ícaro.pdf: 1400485 bytes, checksum: 9a85d13e281cdd5215883a5acf60312b (MD5) / Made available in DSpace on 2013-05-09T18:04:51Z (GMT). No. of bitstreams: 1 Ícaro.pdf: 1400485 bytes, checksum: 9a85d13e281cdd5215883a5acf60312b (MD5) Previous issue date: 2011 / O reconhecimento do direito de informação em decorrência da aplicação do princípio da boa-fé objetiva na negociação coletiva é condição necessária de uma negociação justa. No pós-positivismo jurídico a negociação coletiva não pode ser encarada de maneira isolada o que significa a irradiação dos efeitos do princípio da boa-fé objetiva sobre a negociação principalmente o reconhecimento da produção de deveres jurídicos anexos como é o caso do dever de informação que impõe a obrigação mútua para as partes negociantes prestarem as informações solicitadas sempre que pertinentes ao objeto da negociação coletiva. O objetivo central do presente trabalho é evidenciar o reconhecimento do direito de informação na negociação coletiva como decorrência da aplicação do princípio da boa-fé objetiva. Para o alcance desse objetivo adotou-se o método indutivo com enfoque predominante na pesquisa bibliográfica sendo que inicialmente será feito o delineamento dos pressupostos teóricos relacionados à perspectiva da autonomia privada coletiva e do princípio da boa-fé objetiva que serão constantemente visitados no decorrer do trabalho. Feito isso o raciocínio será manifestado no sentido de se reconhecer que a boa-fé objetiva incide sobre a negociação coletiva inclusive seus deveres anexos caso do direito de informação. Por fim o fenômeno será avaliado globalmente investigando seus aspectos jurídicos mais importantes e correlacionando-os com a perspectiva central do trabalho. / Salvador

The master thesis's topic are obstructions connected with the execution of the right to information, both by obligated entities as well as by information requestors. The right to information is a political right anchored in the Charter of Fundamental Rights and Freedoms and also in the international contracts stipulating human rights. Its definition is relatively wide, but not unlimited, because next to it from constitutional order flow other rights, freedoms or legitimate national interests, with which the right to information can be in conflict. In particular, it is concerning the law on protecting privacy or the national interest for protecting secret information, whose disclosure could endanger the national safety. The right to information can collide with other rights, freedoms or interests, therefore can be rightfully restricted and it is possible not to provide the requested information. However, such a restriction has to be anchored in the law and must be proportional and essential to the protection of rights and freedom of others, national safety, public safety, protection of public health and morals.in a democratic society. In reality, the right to information is restricted also for reasons unforeseen by the law. The right to information is nonetheless incorrectly executed even in cases of some...

The thesis describes an issue of the constitutionally guaranteed right to information on the environment. The aim is to provide an overview of an effective international and especially national legislation, compare both fundamental acts on information and highlight the insufficiency of the Czech regulation. Apart from the introduction and conclusion thesis contains four chapters. Preliminary presentation of fundamentals and principles of the legislation is followed by summary of sources of law. Attention is given to Aarhus Convention and two acts on information. Following chapters deal with the effective legislation and determine differences in the providing general information and environmental information. An overview of selected judicial decisions is included before final chapter. Particular attention is paid to the obligations arising under the Aarhus Convention and its implementation into legislation. Mentioned are main drawbacks of the regulation and related difficulties in application of law; possible legislation de lege ferenda is outlined as well.