Newsletter

Legal Framework

 

Constitution

Due to the change in the Croatian Constitution in 2010 (Official Gazette 76/2010), the right of access to information became part of the catalogue of citizen’s constitutional rights.

Article 38, paragraph 4 of the Constitution reads: “The right to access to information held by any public authority shall be guaranteed. Restrictions on the right to access to information must be proportionate to the nature of the need for such restriction in each individual case and necessary in a free and democratic society, as stipulated by law.”

 

The Act

The right of access to information is governed by the Act on the Right of Access to Information (Official Gazette 25/2013, 85/2015). The EU Directive on the re-use of public sector information 2003/98 / EC, 2013/37/ EU is transposed by that Act, and the Act also regulates the re-use of information.

The Act on the Right of Access to Information regulates the right of access to information and re-use of information held by public authorities, lays down the principles of the right of access to information and to the re-use of information, the restrictions on the right of access to information and the re-use of information, the procedure for the exercise of rights of access to information and the re-use of information, the scope, mode and conditions for the appointment and dismissal of the Information Commissioner, the inspection of the implementation of this Act, the misdemeanour provisions related to the exercise of the right of access to information and also regulates public authorities’ other obligations.

  • The Act on the Right of Access to Information is available in English here: (.doc/.pdf)

The Information Commissioner represents an appellate body in the event of denial of information on the environment according to specific provisions of the Environmental Protection Act (NN 80/13, 153/13, 78/15) which comply with European environmental directives and the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters.

  • Instructions for the implementation of Article 13 of the Act on the Right to Information (.pdf/.doc) – in Croatian
  • Instructions for the publication of the annual report on the operations of companies which are majority-owned by the state or by local and regional units (.pdf/.doc) – in Croatian
  • Guidelines on access to information in implementation of public tenders for employment procedures, and in the processes of selection and appointment through public calls in bodies of public authority (.pdf/.doc) – in Croatian

You can download forms here. (Forms are available in Croatian)

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