Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006obeying the laws. Except for the fact that they have not made aReport and that they have not processed any of the 222 complaintsof the Commissioner, the mentioned ministry did not, even two yearsafter the law was made efficient, name the person who would workon the implementation of the Law on free access to information.This job position is anticipated by systematization. This leads tothe conclusion that the Ministry of Culture is approaching theimplementation of this law in a frivolous and irresponsible way, andthat they make a selection of laws as important and unimportant.• The Ministry of Interior is prone to discrimination of certainjournalists and public means of informing, because during thearrest of Goran Kljajevic and Sekula Pijevcevic they gave exclusivefootage of the arrest to the RTS media service, the weekly magazineNIN and the daily newspapers Press and Politika, while the othermedia did not even get an announcement for the public.• Even two years after the Law on free access to information wasmade efficient, the Municipalities of Kladovo, Niska Banja andOsecina are still not acquainted with its contents, and therefore arenot able to adequately fulfill their obligations.• Many municipalities have stated the lack of monetary funds as thereason for not fulfilling the obligation of issuing a Report.• The Oil Industry of Serbia and Telecom Serbia consider theinformation on the salaries of the managers and the members ofadministrative boards to be a business secret, and as such cannotbe available to the public. The City Traffic Company in Belgrade,as an organ of public authorities which has the same status asthe mentioned public firms, has an opposite attitude towards thematter.• The Initiative had filed 124 complaints for the violation of the lawon free access to information to the Commissioner. 121 complaintswere based on the „silence of the management”, two were filedbecause of the refusal of the organs of public authorities to answerthe request claiming that the information are a business secret, andone was filed because of the conditioning of issuing a copy bypaying a monetary compensation.• At this moment the Initiative is leading ten misdemeanor proceduresfor the disobeying of the Law on free access to information.Although the first requests for starting misdemeanor procedures78
Implementation of Transitional Laws in Serbia 2006were filed in October 2005, no verdicts have been reached to thisday.• On the basis of the research we can conclude that the Commissioneris completely fulfilling his legal obligations and that he and hisOffice deserve the most credit for the fact that the Law on freeaccess to information has started to be applied. The Office of theCommissioner, concerning the personnel and the working space,is already not in the position to fulfill the obligations which theincrease of the number of cases carries.• The mission of OEBS in Serbia and Montenegro and the Coalitionof non-governmental organizations for freedom of access toinformation have fulfilled the obligation the law had given to theGovernment. This particularly refers to the making of the „Guideto free access to information” and the training of the employees inthe organs of public authorities.• From 1st July 2005, to 30th October 2006, the Office of theCommissioner had worked on the total of 1992 cases. 1329 wereresolved, while 663 are in the process of resolving. Of the 1329resolved cases, there were 1012 complaints. Deciding on thecomplaints, the Commissioner had reached 357 decisions by whichthe organs of public authorities were ordered to enable access tothe requested information. Of these 357 decisions, 30 were notcarried out.• Of all the mechanisms for the realization and protection of the rightto free access to information, only the Office of the Commissionerfor information of public significance is fully functional.• There are indications that the achieved rights, especially the right tofree access to information of public significance as an institution,could be reduced by the Constitution of the Republic of Serbia andthe Constitutional Law.79
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Implementation of Transitional Laws in Serbia 2006

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