Slovakia - rules for publication of contracts with the state
A public consultation has been launched on new rules to govern the publication of contracts between the state and private businesses.
The consultation was initiated by the Ministry of Justice following the Government’s promise shortly after the elections in July to make the process of contracting with the State and its use of public funds more transparent.
The rules are contained in draft legislation aimed at increasing public scrutiny of state authorities and officials when concluding contracts and thus making them spend public money more effectively.
The basic principles contained in the rules are important and merit attention even though the detailed drafting is likely to change during the legislative process. These are that:
- written contracts with certain state institutions relating to the use of public funds will come into force only after they have been published by the institution on its website homepage (although legal limitations on public access to certain information will still apply)
- either party will be entitled to terminate the contract within 10 days of its publication without having to give a reason (this would enable termination of contracts perceived after publication to be unfavourable to the state)
- contracts for an indefinite term must be terminable on no more than 3 months’ notice
The draft rules expressly state that the contract’s publication will not constitute unlawful disclosure of a business secret (to prevent a party refusing to publish the contract on this ground).
The state institutions will even be required to publish all contracts dated before the law comes into force (expected to be 1 January 2011).
We will follow the legislative process and update you on the final version of the rules.
