Public Ombudsman to Challenge NGO Act in Constitutional Court

Bratislava, May 7 (TASR) - Public Ombudsman Robert Dobrovodsky will challenge the amendment to the NGO Act in the Constitutional Court, as he believes that the legislation still contains provisions that do not meet the constitutional test of proportionality. In particular, the Ombudsman is concerned about having he Freedom of Information Act apply to NGOs. "I appreciate the fact that Parliament removed several provisions during the debate which I considered inconsistent with the Constitution and which infringed upon human rights and freedoms. I sent three letters to Parliament on this issue. However, some provisions remain in the law that fail the constitutional test of proportionality. Therefore, I believe it is important for the Constitutional Court to assess them," Dobrovodsky stated. The Ombudsman considers the subjection of non-profits to the Freedom of Information Act to be inconsistent with the concept of the right to information. He emphasized that he supports and does not question the public’s interest in knowing how public funds are managed. However, he believes the amendment does not meet the test of proportionality for several reasons. Dobrovodsky explained that the Constitution does not provide a legal basis for Parliament to impose the same obligations on a private law entity (such as a non-governmental non-profit organization) as on a public authority. "Introducing elements of administrative proceedings, as well as binding a private law entity to the opinion of a public authority, can be considered, under the rule of law, an interference with private autonomy," he added. In addition, he noted that the Freedom of Information Act already allows for access to information on subsidies granted to non-profit organizations. Dobrovodsky believes that the existing mechanism of the Freedom of Information Act is sufficient to fulfill the public's right to information, in line with the test of proportionality and the need to minimize the burden on the private law sector. Therefore, he argues that imposing additional obligations under the Freedom of Information Act on non-profit organizations is not necessary in a democratic society. mf