IP-RS: Access to Public Information Act

2015-05-04, 3:39 PM

(Liable Business Entities Subject to Dominant Influence of Entities of Public Law)
(1) This Act also governs the procedure which ensures everyone free access to and re-use of public
information held by companies and other legal entities of private law and subject to direct or indirect
dominant influence, individually or jointly, of the Republic of Slovenia, self-governing local communities
and other entities of public law. (Hereinafter: business entities subject to dominant influence of entities of
public law).
(2) The dominant influence referred to in the preceding paragraph is ensured when the Republic of Slovenia,
self-governing local communities or other entities of public law, individually or jointly:
- are able to exercise dominant influence on the basis of the majority proportion of the subscribed capital, or
have the right to supervise the majority, or are entitled to naming more than half of the members of
management body or supervisory authority in a company, directly or indirectly through another company or
other legal entity of private law, or
- act as founders in another legal person governed by private law that is not a company, directly or
indirectly through another company or other legal entity of private law.
(3) A bank is also considered to be subject to dominant influence as referred to in the paragraph 1 of this
Article, if subject to legal measures under the law governing the measures of the Republic of Slovenia to
strengthen banking stability.
(4) According to paragraph 1 of this Article it shall be considered that, also after cessation of the dominant
influence referred to in paragraph 2 of this Article, the business entity is liable to provide public information,
created when the business entity was subject to dominant influence, for a period of five years after its
cessation.
(5) A business entity subject to the dominant influence of entities of public law is liable to enable access to
public information, as referred to in Article 4.a of this Act, which was created at any time during the
existence of dominant influence of entities of public law.
(6) In addition to the purpose referred to in Article 2 of this Act, the purpose of this Act is also to increase
transparency and responsible management of public resources and financial resources of business entities
subject to dominant influence of entities of public law.
(7) All provisions of this Act applying to bodies shall also apply to business entities subject to dominant
influence of entities of public law unless otherwise specified by this Act.
(8) If a holder of a public mandate or a public service operator is liable under both Article 1 of this Act and
paragraph 2 of this Article, the provisions of this Act regulating access to information applying to bodies
shall apply in the part regulating the execution of public mandate or public service, otherwise, the provisions
regulating access to information applying to business entities subject to dominant influence of entities of
public law shall apply.

Article 2
(Aim of the Act)

(1) The aim of this Act is to ensure that the work of the bodies is public and open, and to enable natural and
legal entities to exercise their rights to acquire information held by public authorities.
https://www.ip-rs.si/index.php?id=324

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