Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006opinion, the aggravating circumstance is the low paycheck for employeesin the Svilajnac municipality 241 , which can not stimulate quality personnelto work in such a responsible function. Many municipalities have stated thelack of financial funds as the reason for not making a Report.The Municipality of Jagodina had, 37 days after the request was sent,delivered the Initiative an answer with the notice that the Report hadnot been made, but that “...Jagodina municipality is known in the wholeterritory of Serbia by the fact that all persons who are interested candirectly turn to the President of the Municipality and the organs of localself-management, in order to receive the requested information or to seethe documentation...” 242In an answer to the request, the Municipality of Kladovo notified theInitiative that “considering the fact that in the year 2005 not one requestconnected to the mentioned law had been submitted by the citizens orinstitutions, the Kladovo municipality was not able to print or publish theReport” 243 . The printing or publishing of the report does not depend on thenumber of submitted requests. It is a legal obligation which was preciselydefined concerning its contents by the Law on free access to information,and the Instructions for making the Report. It is not stated anywhere inthe mentioned documents that in case no requests are submitted to theorgan of public authorities, the obligation of making the Report does notapply. 244The Minister of Culture Dragan Kojadinovic stated on the obligation ofpublishing the report: “We have held press conferences in which we statedwhat the job of the Ministry is... And what, now we are supposed to printbrochures on that, to spend money without a reason... We absolutely obeythe laws, especially those for whose implementation the Ministry of Cultureis responsible” 245 . The Ministry of Culture is one of the organs which hasnot filed the Report in the anticipated period of time.241 According to the words of Dragana Stevanovic, around 15 000 dinars242 The requests was sent to the Municipality of Jagodina on March 10 th , 2006, and the answer arrived on 17thApril 2006. It was signed by Petar Milosevic and it is in the documentation of the Initiative243 The reply of the Kladovo municipality arrived to the Initiative on April 3 rd , 2006, signed by Dragan Keratovicand Jovan Stingic, and it is in the documentation of the Initiative244 The reply of the Niska Banja municipality arrived to the Initiative on March 25 th , 2006, signed by GradimirPeric – lawyer, and it is in the documentation of the Initiative245 N. Calukovic: Minister for media hides information, BLIC, April 15 th , 200664
Implementation of Transitional Laws in Serbia 2006Implementation of Mechanisms for theRealization and Protection of Right to Free Accessto InformationSubmitting requestsThe Law on free access to information regulates that everyone has the rightto be told whether the organ of public authority is in possession or hasaccess to certain information of public importance 246 . This right refers toevery person, regardless of their citizenship, place of residence, domicile orother personal characteristics such as race, religious convictions, nationalityand ethnicity, sex and the like 247 . The discrimination of journalists andother means of informing, i.e. the positioning of some journalists orpublic means of information in a better position than the others is strictlyforbidden 248 . The Ministry of Interior had conducted an action markedas “strictly confidential”, in which, among other things, Goran Kljajevic 249and Sekula Pijevcevic 250 were arrested. The weekly magazine NIN, RTSand the daily newspapers Press and Politika were given exclusive footageof the arrest on the very day it happened, while the other media did noteven get an announcement for the public 251 . A similar situation happenedon the publication of official notes on the surrender of Milorad Ulemek– Legija, made by the Minister of Interior Dragan Jocic, when only the dailynewspaper Press received the information 252 .This right is realized through insight into the document or the copy ofthe document which contains the requested information, or by deliveringa copy of the document through mail, fax, e-mail or in another way 253 . It isrequired that a written request for free access to information is submitted,which should contain: the name of the authority body, name, surname andthe address of the submitter and a precise description of the informationrequested 254 . The request can also be submitted orally on the record, when246 Law on free access to information, see above under 3, Article 5, Paragraph 1247 Ibid Article 6248 Ibid, Article 7249 The President of the Commercial Court in Belgrade250 Director of the„Credit-export Bank“251 J. Jovanovic: Jocic’s favorites, KURIR, April 17 th , 2006252 Ibid253 Law on free access to information, Article 5, Paragraph 2254 Ibid, Article 15, Paragraph 165
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Implementation of Transitional Laws in Serbia 2006

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