ARTICLE
2 February 2011

New Transparency For State Contracts

CC
CMS Cameron McKenna Nabarro Olswang

Contributor

CMS is a Future Facing firm with 79 offices in over 40 countries and more than 5,000 lawyers globally. Combining local market insight with a global perspective, CMS provides business-focused advice to help clients navigate change confidently. The firm's expertise and innovative approach anticipate challenges and develop solutions. CMS is committed to diversity, inclusivity, and corporate social responsibility, fostering a supportive culture. The firm addresses key client concerns like efficiency and regulatory challenges through services like Law-Now, offering real-time eAlerts, mobile access, an extensive legal archive, specialist zones, and global events.

All contracts entered into from 1 January 2011 onwards between the state and private businesses must be published.
United Kingdom Government, Public Sector

All contracts entered into from 1 January 2011 onwards between the state and private businesses must be published.

The change is to achieve greater transparency about the use of public funds and has been welcomed by some experts as a significant step towards fighting corruption in the Slovak public sector.

The key points are:

  • the change applies to written contracts governed by any law that are entered into with certain state authorities and contain information obtained for public funds or relate to the use of public funds
  • there is an exception for contracts agreed to remove the effects of emergencies immediately threatening life, health, property or the environment
  • the contracts will come into force on the day after publication (unless the parties agree a later date)
  • contracts will be treated as not having been made if not disclosed within three months of being agreed
  • terms are invalid if they specify that a contract to perform a continuous or repetitive activity for an indefinite term cannot be terminated and must instead be terminable on no more than three months' notice (or longer where required by law)
  • publication must either be in the Central Register of Contracts, the website of the state authority or in the Commercial Journal (depending on the type of party concluding the contract)
  • the first publication is decisive where a contract is published in several forms

Law: amendment to the Civil Code and the Act on free access to information

This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq

Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.

The original publication date for this article was 02/02/2011.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More