Implementation of Transitional Laws in Serbia 2006

Implementation of Transitional Laws in Serbia 2006and the Serbian Supreme Court is good and can serve as motive to start thequestion of full civil control of BIA” 801 . Rodoljub Sabic, the commissioner,said about the BIA case: “I can understand that the secret service is tryingto mystify its work, but I cannot understand that the government directlyor indirectly supports it by ignoring the Law on Free Access to Informationof Public Importance” 802 .A fine of between 5,000 and 50,000 dinars is imposed for disrespect ofthe Law on Free Access to Information and the person authorized to actfollowing filed requests in a public authority is held responsible 803 . Theprocess of fining persons responsible for disrespect of the law should be asfollows: after the claimer files a complaint, and if the public authority failsto submit the required information even after commissioner’s reaction, thecommissioner shall inform the ministry in charge of information affairs 804(the Ministry of Culture). According to latest data, the commissionersubmitted 222 offence reports and none of them have so far beenprocessed 805 . However, the fact that the commissioner informed theMinistry of Culture on violation of the law excludes the possibility thatthe claimer initiates the infringement procedure against the public authoritybody in an authorized court.The Initiative used legal means in this but in other cases as well. Namely, theInitiative submitted a request to the city magistrate in Belgrade for startingan infringement procedure against Nikola Bajic, head of office of BIAdirector 806 , as he failed to provide required information to the Initiative. Wecame to a conclusion that Nikola Bajic is a person who is responsible forviolation of the law due to the fact that he was signed as authorized personin the document in which BIA informed the Initiative on rejection toprovide the required information 807 . The Law regulates that if an authorizedperson in the public authority body has not been appointed, the dutiesof the authorized person shall be performed by the head of the publicauthority 808 . It is because of this legal solution that the Initiative stated in801 V.C.Z, BIA has to state how many persons are being tapped, BLIC, May 25, 2006802 BIA would not disclose wiretapping information, see above under 798803 Law on free access to information, Article 46, see above under 3804 Ibid, Article 45805 Response of the Ministry of Culture at the request of the Initiative no. 401-00-000047/2006, of April 6 th ,2006, was signed by Minister Dragan Kojadinovic and available in the Initiative’s documentation806 Request for starting an infringement procedure against Nikola Bajic was submitted on June 9 th , 2006 andavailable in the Initiative’s documentation807 See above under 780808 Law on free access to information, Article 38, see above under 3148