Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006The Initiative had, on 29th May, submitted a request to the Governmentfor the execution of the decision of the commissioner on the occasion ofbreaking the law by BIA, and their refusal to provide us with the informationon how many citizens of Serbia had been tapped during the year 2005.Until November 2006, the Government had not provided the Initiativewith feedback concerning this request.Starting misdemeanor procedures against responsibleindividualsFor not obeying the law, the monetary fine in the amount of 5000 to50000 dinars is anticipated 337 . The misdemeanor has been committed ifthe authorized person in the organ of public authorities: acts against theprinciple of equality 338 , discriminates a journalist or a means of publicinforming 339 , does not mark the bearer of the information where andwhen the information was published 340 , does not announce or does notenable insight into a document which contains accurate and completeinformation 341 , does not enable insight or does not make a copy of thedocument in the language the request was submitted on 342 , and refuses toreceive a request, not informing the submitter on the possession of theinformation, does not reach a decision on the denial of the request anddenies the submitter the necessary assistance for the realization of theirrights 343 . The same fine is anticipated if the state organs do not make aReport 344 i.e. do not submit an annual report to the commissioner on theprocedures which were conducted in the purpose of the implementationof this law 345 .For the processing of misdemeanor procedures for disobeying the Law onfree access to information, according to the place where the misdemeanorwas committed, City or Municipal Judges for misdemeanors are responsible.The Initiative had filed 10 requests for starting misdemeanor procedures337 Law on free access to information, Article 46, see above under 3338 Ibid, Item 1339 Ibid, Item 2340 Ibid, Item 3341 Ibid, Item 4342 Ibid, Item 5343 Ibid, Item 6344 Ibid, Article 47345 Ibid, Article 4876
Implementation of Transitional Laws in Serbia 2006against Rade Bulatovic, the Director of BIA, and the Chief of his cabinetNikola Bajic 346 , Velimir Ilic — the Minister for Capital Investments 347 ,Dragan Jocic - the Minister of Interior 348 , Dragica Miovanovic — theCommissioner of the Ministry of Justice 349 , Nenad Cekic — the Manager ofRRA 350 , the Managers of JAT 351 and the “Elektrodistribucija” of Serbia 352 ,as well as the Presidents of the Municipalities of Mionica 353 , Trgoviste 354and Novi Pazar 355 . No verdicts were reached until November this year.Conclusions on the Implementation of the Law onFree Access to InformationOn the basis of the research on the implementation of the Law on freeaccess to information, the Initiative has reached the following conclusions:• The results of the research have shown that, of 378 organs ofpublic authorities, 167 of them, i.e. 44.18 per cent have obeyed theLaw on free access to information• Of 154 Municipalities and cities, 48 of them have made an accurateReport. Answers to the requested information were producedby 105 municipalities and cities, so that it cannot be positivelydetermined whether the other 49 municipalities have fulfilled theirlegal obligation. The Law on free access to information was fullyobeyed by 27 municipalities and cities in Serbia• Although the Government is obliged to obtain financial means forthe work of the Commissioner and his expert service, as well asto ensure the execution of the decisions and conclusions of theCommissioner, the results of the research have shown that theGovernment had not sufficiently fulfilled these obligations. Of 134decisions of the Commissioner by which access to information wasordered, 30 decisions have not been carried out. The Governmentdid not react in any of the 30 mentioned cases.• The Ministry of Culture is the most conspicuous example of not346 Request for starting a misdemeanor process was submitted on June 9 th , 2006347 Request for starting a misdemeanor process was submitted on November 1 st , 2006348 Request for starting a misdemeanor process was submitted on November 8 th , 2006349 Request for starting a misdemeanor process was submitted on May 3 rd , 2006350 Request for starting a misdemeanor process was submitted on June 15 th , 2006351 Request for starting a misdemeanor process was submitted on July 20 th , 2006352 Request for starting a misdemeanor process was submitted on July 20 th , 2006353 Request for starting a misdemeanor process was submitted on October 24 th , 2005354 Request for starting a misdemeanor process was submitted on October 24 th , 2005355 Request for starting a misdemeanor process was submitted on October 24 th , 200577
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Implementation of Transitional Laws in Serbia 2006

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