Refusing request for release of data of public interest the referal to decision-making character ought to be examined13 February 2014
The Constitutional Court has declared in its decision of 11 February 2014 that the acting courts ought to examine in merits the petitions when the public is restricted referring to decision-making character in case of a procedure regarding the denial of realising data of public interest. The Constitutional Court has annulled the decision of the Curia in the case of request for data from the Pécsi Vizmű Ltd.
The decision mentioned above declared a constitutional requirement according to which the acting court – in case of request for release of data of public interest – ought to examine every case in merits when the restriction of the public is based on the fact that the data has decision-making character.
The petitioner requested the release of the audit report on Pécsi Vízmű Ltd. from the mayor of Pécs but the request was rejected referring to lawyer and business secrets. After this, the petitioner turned to the court but the claim was rejected by the Regional Court, the Court of Appeal and finally by the Curia. According to the reasoning of the judgements, the audit report had a decision-making character and the decision-making process has not been completed yet.
Following the examination of the petition, the Constitutional Court annulled the concerned judgement of the Curia as it restricted unconstitutionally the right of the petitioner to access to data of public interest. In its reasoning, the Constitutional Court emphasised that the judgement resulted in a serious violation of the right to access to data of public interest when the data manager restricted the public referring only to the fact that data was decision-making data but it was not justified.
Dr. István Balsai, Dr. Egon Dienes-Oehm, Dr. Imre Juhász, Dr. Barnabás Lenkovics, Dr. Béla Pokol, Dr. Dr. László Salamon and Dr. Mária Szívós judges attached dissenting opinion to the decision.