Will land registry documents be provided free of charge through the infozákon?
The Supreme Administrative Court of the Slovak Republic in case No. 1Sžik/3/2021 (panel composed of JUDr. Anita Filová, JUDr. Petra Príbelská, PhD., and JUDr. Juraj Vališ) upholds a legal opinion that contradicts the basic legal principle “Lex specialis derogat legi generali”(a special law takes precedence over a general law).
In its decision, the court states that if certain information is provided under a special law (for example, cadastral documents provided under the Cadastral Act), it can also be requested under the Info Act (Act No. 211/2000 Coll.). According to the Supreme Administrative Court, it is therefore possible to deal with the same information under two laws. However, this is precisely what the cited legal principle, which has been in force for centuries, precludes.
Let’s see how long this strange approach by the judges will last.
What does the explanatory memorandum say?
Finally, a quotation from the explanatory memorandum to the Info Act, which contradicts the opinion of the judges mentioned above:
“In relation to special legislation on disclosure of information, the Freedom of Information Act will be a general law which will apply ONLY in the absence of special legislation.”
