A group of citizens of the town of Pezinok who are fighting against a new waste dump in their town have filed a lawsuit contesting the decision of the president of the Constitutional Court, Ivetta Macejková, who has refused to make public the decision of the court which has permitted thousands of tonnes of waste to be deposited in the waste dump.
Media consultant of the Via Iuris NGO, Hana Lyons, told the SITA newswire that they are convinced that the Constitutional Court is violating the constitutional right to information. “Classifying a resolution of the Constitutional Court based on which tonnes of waste are brought to Pezinok on a daily basis is in apparent contradiction with the right to information and principles of rule of law. Lawyer Zuzana Čaputová, who represents the citizens of Pezinok in this dispute, said that “Examination of this decision will be important also for other cases of publicizing other court rulings.”
The freedom of information act requires that a court must make public “information about a decision” and the citizens of Pezinok say that means the text of the court decision itself. The reason for the decision of the Constitutional Court not to provide the requested resolution to the citizens of Pezinok is that the this is not yet the final ruling of the court but merely a procedural decision, and according to the Constitutional Court, the law on freedom of information does not require the court to make available such “procedural” decisions to third parties.
In their complaint, the citizens of Pezinok argue that the term "decision" entails "every decision", and thus also procedural decisions.
For more info, please read Prosecutor turns down criminal motion regarding Pezinok waste dump and Waste dump under investigation by European Commission .
Compiled by Zuzana Vilikovská from press reports
The Slovak Spectator cannot vouch for the accuracy of the information presented in its Flash News postings.
29. Jun 2010 at 14:00