PRISTUP INFORMACIJAMA U PODRUČJU ZAŠTITE OKOLIŠA S POSEBNIM OSVRTOM NA ANALIZU ODABRANOG SLUČAJA
ACCESS TO INFORMATION IN THE AREA OF ENVIRONMENT PROTECTION, WITH REFERENCE TO SELECTED CASE LAW

Summary/Abstract: The first part of the paper paper briefly presents and analyzes the legal framework of the right of access to information by using the grammatical, logical and teleological method of interpreting the Act on the Right of Access to Information. In this context, the analysis focuses on the competent authorities and the distinctive features of the special administrative procedure. Referring to relevant legislative provisions within the given research area, the author explores the General Administrative Procedure Act (lex generalis), comparing the provisions pertaining to the general and special administrative procedure. In the second part of the paper, the author analyzes the Environment Protection Act (lex specialis), particularly focusing on the provisions concerning the administrative procedure for adopting decisions on uniform environment protection terms and conditions, which are prescribed by the Ministry of Environment Protection and Energy as the central state administrative body in charge of all environmental issues. The author provides an overview of relevant provisions of the Environment Protection Act concerning the procedure of ensuring the general public access to information and the inspection procedure in this area of special administrative law. The specific features of the administrative proceedings envisaged in the three aforementioned legislative acts will be underscored in the selected case analysis, which covers the entire administrative procedure in cases involving access to information: the initial stage of submitting a request for access to information, the inspection procedure of the competent administrative authority, and the final report by the senior inspector in charge of environment protection.

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