Implementation of Transitional Laws in Serbia 2006

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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
Implementation of Transitional Laws in Serbia 2006the request for initiating infringement procedure that if Nikola Bajic is notthe authorized person to act following the requests, BIA director, that is,Rade Bulatovic, is to be considered responsible for violation of the law.The city magistrate did not submit any information to the Initiative on thecurrent status of the request for initiating infringement procedure.Other Infringements Caused by Disrespect of theLaw on Free Access to InformationApart from the infringement proceedings launched due to the disrespectof the Law on Free Access to Information against Nikola Bajic andRade Bulatovic as responsible persons at BIA, the Initiative initiatedinfringement proceedings against responsible persons in the SerbianMinistry of Interior 809 , the Serbian Ministry of Justice 810 , the SerbianMinistry of Capital Investment 811 , the Serbian Broadcasting Agency 812 ,public company Elektroprivreda Srbije 813 , public company Jat Airways 814and the municipalities of Mionica 815 , Novi Pazar 816 and Trgoviste 817 .Serbian Ministry of InteriorOn February 2, 2006, the Initiative submitted a request to launchinfringement procedure against Mirjana Orasanin, colonel and advisor tothe Serbian Minister of Interior 818 , as it did not allow the Initiative accessto information of public importance and did not submit a decision onrejecting the request with a written explanation and rationale on legal remedy.Namely, the Initiative sent a request to the Serbian Ministry of Interior onOctober 31, 2005 asking the submission of the following information:809 Request for starting an infringement procedure against responsible persons in the Serbian Ministry of Interiorwas submitted on February 2 nd , 2006 and available in the Initiative’s documentation810 Request for starting an infringement procedure against responsible persons in the Serbian Ministry of Justicewas submitted on May 3 rd , 2006 and available in the Initiative’s documentation811 Request for starting an infringement procedure against responsible persons in the Serbian Ministry of CapitalInvestment was submitted on June 15 th , 2006 and available in the Initiative’s documentation812 Request for starting an infringement procedure against responsible persons in the Serbian BroadcastingAgency was submitted on June 15 th , 2006 and available in the Initiative’s documentation813 Request for starting an infringement procedure against responsible persons in public company ElektroprivredaSrbije was submitted on July 20 th , 2006 and available in the Initiative’s documentation814 Request for starting an infringement procedure against responsible persons at Jat Airways was submitted onJuly 20 th , 2006 and available in the Initiative’s documentation815 Request for starting an infringement procedure against responsible persons in the municipality of Mionicawas submitted on October 24 th , 2006, available in the Initiative’s documentation816 Request for starting an infringement procedure against responsible persons in the municipality of Novi Pazarwas submitted on October 24 th , 2006, available in the Initiative’s documentation817 Request for starting an infringement procedure against responsible persons in the municipality of Trgovistewas submitted on October 24 th , 2006 and available in the Initiative’s documentation818 See above under 809149
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Implementation of Transitional Laws in Serbia 2006

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