Implementation of Transitional Laws in Serbia 2006

Implementation of Transitional Laws in Serbia 2006submitted request are stated. The submitter will be denied or limited theaccess if the realization of this right would cause the endangerment oflife, health, security or some other important property of a person 263 , theobstruction, prevention or revealing a criminal act or some of the phasesof a court procedure 264 , endangering the defense of the country, nationalor public safety or international relations 265 , or a significant reduction of theability of the state to manage economic processes or accomplish justifiedeconomic interests 266 . The public authority bodies however, have in mostcases stated as a reason the last basis predicted by the law, by which therequested information will not be made available if it is considered to bea state, official, business or another kind of secret by the regulations orofficial acts based on the law, and because of whose revealing severe legalor other consequences for the interests protected by the law will arise,which overweigh the interest of access to information 267 . According tothe law, it is not enough that information should be a secret, but anothercondition must be fulfilled, and that is that the access to information wouldlead to severe legal consequences for the interests protected by the law. Theorgan of public authority, as a first-degree organ, can decide on this issue,but the final judgment is given by the Commissioner for information ofpublic importance as a second-degree administrative organ. It is predictedby the law that the Law on free access to information will exceptionallybe submitted to limitations regulated by this law if it is necessary in ademocratic society for the protection from a severe violation of a higherinterest based on the Constitution or the Law 268 . It is pointed out that noregulations of this law should be interpreted in a way which would lead tothe cancellation of rights predicted by this law, or its restriction in a higherdegree than is regulated 269 . The submitter will be denied this right if theright to privacy, reputation or some other right of the persons which therequested information refers to will be violated by it 270 . The exceptions areif the person gives consent to it 271 , if it is about a person of interest to thepublic, and especially if the person is an occupant of a state or politicalfunction 272 and if the person had given a cause for the request by their263 Law on free access to information, Article 9, Item 1, see above under 3264 Ibid, Article 9, Item 2265 Ibid, Article 9, Item 3266 Ibid, Article 9, Item 4267 Ibid, Article 9, Item 6268 Ibid, Article 8, Paragraph 1269 Ibid, Article 8, Paragraph 2270 Ibid, Article 14271 Ibid, Article 14, Item 1272 Ibid, Article 14, Item 267