The Constitutional Court unanimously ruled today to repeal the provision of the amended Law on Free Access to Information (FOI) which stipulated that the regulation would not apply to information subject to an obligation to keep it confidential.
"The Constitutional Court, following the practice of the European Court of Human Rights in Strasbourg, on the necessary level of legal precision required of domestic legislation, expressed in the cases 'Huvig v. France' and 'Centro Europa 7 SRL and Di Stefano v. Italy', has determined that the disputed provision of Article 1, paragraph 2, item 2 of the Law on Free Access to Information does not satisfy the requirement of legal certainty and the rule of law, from the provisions of Article 145 of the Constitution, with regard to the precision of the disputed provision," the Constitutional Court said in a statement.
The judges of the Constitutional Court also issued a decision rejecting the initiative to initiate proceedings to review the constitutionality of the provisions of Article 18 of that Law.
"The Constitutional Court rejected the initiative to initiate proceedings to review the constitutionality of the provision of Article 18 of the Law on Amendments to the Law on Free Access to Information, which requires the Constitutional Court to act as a so-called positive legislator, reiterating its position that it does not have the role and authority to create a legal norm, but rather has the role and authority of a so-called negative legislator," they stated.
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