Information whose disclosure is mandatory
Information as defined in Act No 211/2000 Coll. on freedom of information
Act No 211/2000 Coll. on freedom of information as amended (‘the Freedom of Information Act’) governs the conditions, process and scope of freedom of information. The information in question is, according to Article 3(1), that which is available to an obligated entity.
Pursuant to Article 5(1) of the Freedom of Information Act, the Resolution Council (‘the Council’) is required to disclose the following:
a) how an obligated entity is established, its powers and competences, and a description of its organisational structure
In accordance with Article 3(1) of Act No 371/2014 Coll. on resolution in the financial market and on amendments to certain laws (‘the Resolution Act’), the Council is established as a public legal entity serving as the national resolution authority in Slovakia.
The Council is composed of ten members. It is represented by its Chair or by a member of the Council assigned by the Chair for this purpose. The meetings and decision-making procedures of the Council, pursuant to Article 6 of the Resolution Act, are further regulated by the Council’s Rules of Procedure.
The task of providing expertise to, and organising the functioning of, the Council is performed by the Resolution Section of the NBS Regulation Department, independently from other tasks of NBS. Under the Resolution Act, staff members from the Resolution Section are not to take part in the supervision of institutions, unless the Council is competent in the matter.
The remit and powers of the Council are stated in Articles 2, 4 and 5 of the Council’s Statues.
b) the place where, time when, and method by which information may be obtained, and where requests, proposals, motions, complaints or other materials may be submitted to the Council
Requests to the Council for information under the Freedom of Information Act may be handed in or posted to:
The Resolution Council
Imricha Karvaša 1
813 25 Bratislava
Post room (NBS headquarters)
Monday – Thursday: 8 a.m. – 4 p.m.
Friday: 8 a.m. – 2.45 p.m.
Requests for information may also be sent by e-mail to firstname.lastname@example.org
Requests submitted in writing or by e-mail must include all elements specified in Article 14 of the Freedom of Information Act.
c) the place, time-limit and procedure for lodging an appeal against, and the options for judicial review of, a decision of the obligated entity, including explicit specification of the requirements that need to be met
An appeal, in writing, against a first-instance decision of the Council to reject a freedom of information request may be lodged to the Council; such appeal is to be submitted by post or in person to the post room at the NBS headquarters.
d) the procedure that the obligated entity is to follow when handling requests, proposals and other submissions, including the relevant time-limits that must be met
The time-limit for dealing with requests for information under the Freedom of Information Act is eight working days from the date on which the Council receives the request or from the date on which the deficiencies in the request are resolved. This time-limit may, for serious reasons, be extended by up to a further eight working days. The Council’s procedure in dealing with such requests, issuing decisions, hearing appeals, and paying costs is laid down in Articles 18, 19, and 21 of the Freedom of Information Act and in related provisions of Act No 71/1967 Coll. on Administrative Proceedings (Administrative Procedure Code), as amended. Appeals against Council decisions on requests for information under the Freedom of Information Act are adjudicated by the Chair of the Council.
Decisions on request for information under the Freedom of Information Act are delivered to the requester by the method specified in the request.
e) a list of regulations, guidelines, instructions, and interpretations governing the obligated person’s actions and decisions or regulating the rights and obligations of natural persons and legal entities vis-à-vis the obligated entity
In addition to proceedings under the Freedom of Information Act, the Council conducts proceedings and issues decisions pursuant to Act No 371/2014 Coll. on resolution in the financial market and Act No 747/2004 Coll. on financial market supervision, as amended (‘the Supervision Act’).
These laws also lay down the rights and obligations of natural persons and legal entities vis-à-vis the Council.
These laws may be viewed on the Council’s website, as may generally binding legal regulations which NBS issues in order to implement the provisions of the mentioned laws and which regulate certain details of the rights and obligations of natural persons and legal entities vis-à-vis the Council. This website also shows internal legal norms of the Council.
The Council’s obligation to disclose information under the Freedom of Information Act is limited by Article 11(1)(g) and (h) of that Act. Pursuant to these provisions, the Council may restrict or deny disclosure of information if such disclosure would be in breach of legally binding acts of the European Union or an international treaty binding upon the Slovak Republic, or if the information concerns supervision exercised by the Council under the Resolution Act or Supervision Act (other than information about decisions on, or results of, supervisory activities, unless the disclosure of such information is prohibited by separate regulations).
The Council’s disclosure obligation under the Freedom of Information Act is also limited by Article 7(3) of the Resolution Act, which stipulates that the Council is not required to disclose or provide information related to the exercise of its authority over individual institutions or their activities (nor is any other entity to which the Council has provided such information within cooperation pursuant to that paragraph). Similarly, authorities and persons/entities (including staff members of the NBS Resolution Section) to whom the Council has disclosed or provided information are required to keep it classified, protect it from unauthorised access, divulgence, misuse, alteration, damage, destruction, loss, and theft, and to maintain confidentiality about it.
f) the schedule of administrative fees that the obligated person charges for administrative acts and the schedule of charges for the disclosure of information
The obligated entity may waive these fees and charges.
Information whose disclosure is mandatory under Article 5a of the Freedom of Information Act:
The Council is required to publish on its website any contracts, orders or invoices that it enters into or draws up pursuant to Act No 546/2010 Coll., amending Act No 40/1964 Coll. (the Civil Code) as amended, and amending certain other laws.