| Indicator | Description | Scoring instructions | MAX score | Findings | Points | Article | Comments |
| 36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 |
YES |
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Article 17 An applicant may appeal against the first-instance decision to a second-instance body within 15 days from the date the decision was served.
(2) An applicant may also appeal or initiate an administrative dispute if a public authority fails to decide on the applicant´s request within the stipulated deadline.
(3) A decision on the appeal against the first-instance decision shall be made by an independent body for the protection of the right of access to information as the second-instance body.
(4) The second-instance body shall issue and serve the decision on the appeal to the party as soon as possible and not later than 30 days from the date of submission of a proper appeal.
(5) By way of exception, when in appeal proceedings the second-instance body needs to conduct the procedure referred to in Article 8, paragraph 4 of this Act, it must render the decision on appeal and serve it to the applicant not later than 60 days from the date of submission of a proper appeal.
(6) Public authorities shall, within the procedure upon appeal regarding restriction of information from Article 8, paragraph 2 of this Act and information protected by the law that regulates protection of personal data, enable insight to the second-instance body into the information that are the subject of the proceedings. When it establishes that the appeal is well-founded, the second-instance body shall render a decision ordering the public authority to grant the authorised person free access to information.
(7) No appeal shall be possible against the decision of the second-instance body, but an action may be brought before court initiating an administrative dispute. The court action procedure shall be urgent. |
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| 37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 |
YES |
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17a1) The independent body for the protection of the right of access to information shall, apart from its activities as the second-instance body in deciding appeals with regard to the right of access to information, perform the following activities:
- report to competent central state administration bodies on the compliance of public authorities with the obligations stipulated by this Act;
- propose measures for the training of information officers in public authorities and familiarising them with their obligations with regard to the application of this Act;
- provide initiatives for the adoption or amendment of regulations for the purpose of implementation and promotion of the right of access to information;
- report on the rights of users to access information which are regulated by this Act;
- perform other activities prescribed by this and other Acts
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17a1) The independent body for the protection of the right of access to information shall, apart from its activities as the second-instance body in deciding appeals with regard to the right of access to information, perform the following activities: |
| 38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 |
NO |
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| 39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 |
YES |
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mentioned in THE ACT ON PERSONAL DATA PROTECTION (103/03, 118/06, 41/08) |
Article 28
In carrying out its activities as stipulated by this Act, the Agency shall be independent and shall be responsible to the Croatian Parliament.
Resources for the Agency operation shall be secured from the State Budget of the Republic of Croatia.
The organization and operation of the Agency shall be regulated by the Agency Statute, endorsed by the Croatian Parliament. |
| 40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 |
NO |
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| 41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies.. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 |
Partially |
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17 (6) Public authorities shall, within the procedure upon appeal regarding restriction of information from Article 8, paragraph 2 of this Act and information protected by the law that regulates protection of personal data, enable insight to the second-instance body into the information that are the subject of the proceedings. When it establishes that the appeal is well-founded, the second-instance body shall render a decision ordering the public authority to grant the authorised person free access to information. |
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| 42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 |
YES |
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17 (7) No appeal shall be possible against the decision of the second-instance body, but an action may be brought before court initiating an administrative dispute. The court action procedure shall be urgent. |
Also relevant are the provisions of the Art. 115-120 of the GAPA. |
| 43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 |
YES |
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17 (6) Public authorities shall, within the procedure upon appeal regarding restriction of information from Article 8, paragraph 2 of this Act and information protected by the law that regulates protection of personal data, enable insight to the second-instance body into the information that are the subject of the proceedings. When it establishes that the appeal is well-founded, the second-instance body shall render a decision ordering the public authority to grant the authorised person free access to information. |
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| 44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 |
YES |
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Art. 17 paragraph 2 |
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| 45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 |
YES |
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Article 19 (1) Users of the right of access to information shall be exempt from administrative fee payment in proceedings before public authorities. |
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| 46 | The grounds for appeal to the oversight body (where applicable, or to the judiciary if no such body exists) are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 |
YES |
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17 (2) An applicant may also appeal or initiate an administrative dispute if a public authority fails to decide on the applican´s request within the stipulated deadline. |
Also relevant are the provisions of the Art. 17 (1) of the FOIA, as well as of Art. 101 (3) and Art. 108 of the GAPA (generally, there are no limitations of the grounds for an appeal in Croatian administrative procedure). |
| 47 | Clear procedures, including timelines, are in place for dealing with external appeals (oversight/judicial). | Score 1 point for clear procedures, 1 point for timelines. | 2 |
YES |
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Art. 17 (4) The second-instance body shall issue and serve the decision on the appeal to the party as soon as possible and not later than 30 days from the date of submission of a proper appeal. |
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| 48 | In the appeal process (oversight/judicial/) the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 |
NO |
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| 49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better record management) | 1 for partial, 2 for fully. | 2 |
NO |
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