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Pursuant to Section 2(4)(d): “A public sector partner does not include another state or its authorities.” Is it possible to apply the above provision also in the case of a foreign entity established by a special law for the purpose of performing a public service, i.e., a public-law institution?

Autor: Hronček & Partners, s. r. o.
2 min

Opinion on the designation of public administration entities of another state for the purposes of an exemption from the obligation to register in the RPVS. It explains whether public institutions of other states may be considered public sector entities eligible for an exemption under Section 2(4)(d) of the ZRPVS.

Pursuant to Section 2(4)(d): “A public sector partner does not include another state or its authorities.” Is it possible to apply the above provision also in the case of a foreign entity established by a special law for the purpose of performing a public service, i.e., a public-law institution?

When determining which entities may be considered public administration bodies of another state for the purposes of applying the exemption from the obligation to register, one must rely on Slovak law. To the extent that public law institutions are considered to constitute public administration under Slovak law, we reciprocally regard them as public administration entities within other states as well. Public-law institutions are characterized in legal theory as associations of persons established by law, with the purpose of these entities being the provision of public services. In the Slovak Republic, for example, Radio and Television of Slovakia is considered a public-benefit institution. Public-law institutions in the Slovak Republic are also included in the list of public administration entities maintained by the Statistical Office of the Slovak Republic. This is another reason why, in our opinion, these entities (in addition to state administration and local government entities) are considered part of another country’s public sector and are exempt from the registration requirement under Section 2(4)(d) of the ZRPVS.


Hronček & Partners, s. r. o.

Hronček & Partners, s. r. o.

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