Area: Javna uprava
Competent authority: MJU
EZU URL: .nan
Initiative ID: 1114
Initiative accepted and completed: '2021-03-01'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2021-02-19'
Initiative published: '2021-02-19'
Initiative submitted: '2021-02-18'
Response from the competent authority: Answer from the Ministry of Public Administration:The
  fundamental law that forms the basis for open and transparent functioning of the
  government, state authorities, public administration bodies and the wider public
  sector is the Access to Public Information Act (http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO3336#
  ).The most simple and direct way to access information is to publish it on the internet.
  The public information that authorities are required to make available on the World
  Wide Web is generally set out in Article 10 of the IAAI. These are primarily applicable
  regulations, draft regulations and consolidated texts of regulations in the field
  of work of the authority. The obligation to publish also applies to programmes,
  strategies, positions, opinions and instructions of general interest and relevant
  to the Authority's business.On 19 November 2009, the National Assembly adopted the
  Resolution on normative activity, which includes the principles of good lawmaking
  and public participation in the process. The Resolution constitutes the starting
  point and the basic orientation of the legislative work, as it sets out the basis
  and principles for the drafting of regulations, the guidelines for carrying out
  impact assessments and the cooperation with expert circles and other interested
  groups. The sub-legislative act - the Regulation on the Provision and Reuse of Public
  Information (http://www.pisrs.si/Pis.web/pregledPredpisa?id=URED6941 ), further
  specifies the specific acts that should be published online by the authorities,
  e.g. in Article 6 (programmes, opinions, analyses) and Article 7 (draft regulations).Article
  6 of the Regulation stipulates that the following shall be considered as programmes,
  strategies, positions, opinions, analyses, and other similar documents that the
  authorities shall make available on the World Wide Web:1.      Strategies for the
  economic, sustainable, regional, technological and structural development of the
  Republic of Slovenia and other similar strategies;2. Environmental protection programme
  and programmes for the management or management of specific natural assets (water,
  forests, mineral resources, etc.);3.      Development programmes and strategies
  for the development of individual activities (energy, transport, electronic communications,
  tourism, etc.);4. Development strategies for individual (economic and non-economic)
  public services (energy, electronic communications, water management, environmental
  protection, education, health, culture, etc.);5.      Strategies, programmes and
  plans in the field of activities of state bodies, local authorities, public law
  bodies, holders of public powers and providers of public services;6. Annual work
  reports and other reports produced or adopted by bodies for a longer period of time
  in relation to their field of work;7. Strategic orientations and priorities of inspectorates
  or inspectorates resulting from adopted annual work programmes, which determine
  the content and scope of the performance of inspection tasks;8. Annual work reports
  and other reports produced or adopted by bodies for a longer period of time;9.      major
  positions, opinions and analyses formulated or produced by the authorities or their
  working bodies themselves, in cooperation with other authorities or obtained from
  other persons in relation to their field of work, as well as major instructions
  and circulars used by the authorities in connection with the implementation of a
  regulation or a judicial decision. Article 6(6) of the Regulation clarifies that
  the documents referred to in the preceding paragraph do not include work programmes
  and other similar programmes prepared by inspectorates and other bodies in connection
  with the implementation of procedures for the supervision of the activities of public
  and private law persons.In the case of a report produced in the course of an individual
  supervision procedure, it should be clarified that it is not of the same nature
  as the documents referred to above. In the case of the latter, as long as such a
  report is not finalised by the competent authority, the exception to access laid
  down in Article 6, first paragraph, point 9 of the IHRA would apply, namely because
  it is a document which is still in the process of being drawn up and is still subject
  to consultation within the authority. Accordingly, the online publication of such
  a draft report is not envisaged.
Text file: 1114.txt
Title: Transparency of procedures
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=1114
