Area: .nan
Competent authority: MJU
EZU URL: .nan
Initiative ID: 1165
Initiative accepted and completed: '2021-09-20'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2021-09-09'
Initiative published: '2021-09-09'
Initiative submitted: '2021-09-09'
Response from the competent authority: "Reply from the Ministry of Public Administration:\
  \ \"Dear Sir or Madam,\r\n \r\nYou have sent us a letter via the STOP Bureaucracy\
  \ portal, in which you state that the person evaluated has submitted a request to\
  \ the Chairman of the Annual Evaluation Examination Commission to be informed by\
  \ the Commission, in accordance with the Access to Public Information Act (AIPIA)[1],\
  \ of the documents in the case, which the person evaluated has not been informed\
  \ of. The Chairperson of the Commission replied that he should contact the authorised\
  \ person for access to public information. Would you like to know why the Chairman\
  \ of the Commission does not himself refer the application to the competent person\
  \ for access to public information?\r\n \r\nEvaluation, including the examination\
  \ of an evaluation, is a statutory right under the employment relationship. It is\
  \ a specific public law procedure, which gives it the specific characteristic of\
  \ being a competent decision-maker. Whether the General Administrative Procedure\
  \ Act[2] (Article 4), in the absence of a different regime, or another procedural\
  \ rule (the Civil Procedure Act[3]) is to be applied, it is essential that the principles\
  \ of fair procedure derived from the Constitution of the Republic of Slovenia[4]\
  \ guarantee the right to be informed of documents affecting the position of a party\
  \ to any proceedings (as does the case-law on the right to equal protection). The\
  \ Commission should have identified the procedural right to be informed of the documents\
  \ in the specific case in the party's request or drawn the party's attention to\
  \ it. Indeed, anonymised documents obtained under the CPIJL provide the party with\
  \ significantly less information than it is actually entitled to (Article 6 of the\
  \ CPIJL - exceptions).\r\n \r\nIn the specific case, the committee was appointed\
  \ by the head of the debtor. Insofar as the request for access to public information\
  \ was made orally (informal application), the decision of the chairman of the commission\
  \ was correct. The ZDIJZ provides that an informal application is not to be considered\
  \ as an application in an administrative procedure within the meaning of the law\
  \ regulating administrative procedure. However, if the request was made by means\
  \ of a written application or in writing on the record, the Chairperson of the Commission\
  \ was obliged to refer the request to an official authorised to access public information.\
  \ It is this official who ultimately decides whether the information is to be disclosed\
  \ or whether it is to be made available for re-use. \xAB__________________________________________________________________________________\r\
  \n[1] Official Journal of the Republic of Slovenia, No 51/06 - Officially consolidated\
  \ text, 117/06 - ZDavP-2, 23/14, 50/14, 19/15 - Decree of the US, 102/15 and 7/18.\r\
  \n\r\n  US, 50/10 - Decree of the US, 107/10 - Decree of the US, 75/12 - Decree\
  \ of the US, 40/13 - Decree of the US, 92/13 - Decree of the US, 10/14 - Decree\
  \ of the US, 48/15 - Decree of the US,\r\n  6/17 - Decree of the US, 10/17, 16/19\
  \ - ZNP-1 and 70/19 - Decree of the US.\r\n[3] Official Journal of the Republic\
  \ of Slovenia, No 24/06 - officially consolidated text, 105/06 - ZUS-1, 126/07,\
  \ 65/08, 8/10, 82/13 and 175/20 - ZIUOPDVE.\r\n[4] Official Journal of the RS, No\
  \ 33/91-I, 42/97 - UZS68, 66/00 - UZ80, 24/03 - UZ3a, 47, 68, 69/04 - UZ14, 69/04\
  \ - UZ43, 69/04 - UZ50,\r\n  68/06 - UZ121,140,143, 47/13 - UZ148, 47/13 - UZ90,97,99,\
  \ 75/16 - UZ70a and 92/21 - UZ62a.\r\n "
Text file: 1165.txt
Title: Withdrawal of an application to the competent authority
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=1165
