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The extensive interpretation of the concept of public institution: companies as legally bound persons within the right to information

Publication at Faculty of Law |
2016

Abstract

The aim of this paper is to present the concept of "public body" (as used by Czech public law), to point at its long-lasting extensive interpretation, identify two basic friction areas in connection with expanding the range of legally bound persons (administering the public financial resources and public purpose), as well as to ilustrate - with the help of analysis carried out by Otevřená společnost (Open Society) - the attitude of the corporations of the private law, which are at least partly owned by the state or the autonomous regions. Author does not hide the fact, that he considers the said extensive interpretation necessary and that he encourages the courts to continue with their recent case-law.