In today’s guest article in ‘Die Presse’, Bernhard Scherzer and Lukas Reichmann examine the practical challenges posed by the new freedom of information law and shed light on a key area of tension in the modern constitutional state: the relationship between transparency and effective legal protection.

The starting point is a case involving the University of Vienna, in which the disclosure of extensive examination and evaluation data was sought. The case exemplifies how affected institutions can find themselves in a paradoxical situation: in order to effectively safeguard their rights, they may first have to breach court orders and thereby risk penalties, as review by the highest court is often only possible after disclosure has taken place.

It is made clear that this structural imbalance stems primarily from the interplay of short disclosure deadlines and the lack of automatic suspensive effect of legal remedies. In practice, this means that information is regularly disclosed before its legality has been conclusively clarified.

You can find the full article here!