Serbia
Name of law: Law on Free Access to Information of Public Importance
First adopted: 2003
Last modified: 2010-01
RTI Rating last updated: n/a
First adopted: 2003
Last modified: 2010-01
RTI Rating last updated: n/a
Introduction
Similar to many other right to information laws in Central Europe, Serbian RTI legislation is exceptionally strong and lies near the top of the international rankings. Adopted in 2003, the law builds on the constitutionally protected right to information, with a strong broad scope and limited harm-tested exceptions in line with international standards. The law also provides for a multiple-route appeals system that permits judicial, internal, and external appeals, all of which have binding powers. The areas for further improvement are minimal, but the law could be enhanced by providing more explicit fee waivers for impecunious requesters and reductions in access fees more generally. Regardless, the Serbian law lies at the forefront of RTI legislation internationally and falls within the top ten worldwide.
The law is also available in its Serbian original here.
Local Expert: Nemanja Nenadic
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 5 | 6 |
| 2 | Scope | 30 | 30 |
| 3 | Requesting Procedures | 22 | 30 |
| 4 | Exceptions & Refusal | 26 | 30 |
| 5 | Appeals | 29 | 30 |
| 6 | Sanctions & Protections | 7 | 8 |
| 7 | Promotional Measures | 16 | 16 |
| ∑ = 135 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | YES | 2 | Constitution of Serbia 51 ...Everyone shall have the right to access information kept by state bodies and organizations with delegated public powers, in accordance with the law. | Link to constitution (English version) |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | YES | 2 | 2 Information of public importance, within the meaning of this Law, is information held by a public authority body, created during work or related to the work of the public authority body, contained in a document, and related to everything that the public has a justified interest to know. [...] | |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | Partially | 1 | 1 This Law regulates the rights to access information of public importance held by public authority bodies, with the purpose of the fulfillment and protection of the public interest to know and attain a free democratic order and an open society. In order to implement the right to access information of public importance, held by public authority bodies, a Commissioner for Information of Public Importance shall be established (hereinafter: Commissioner) by this Law, as an autonomous state body, independent in fulfilling its authority. | |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | YES | 2 | 5 Everyone shall have the right to be informed whether a public authority holds specific information of public importance, i.e. whether it is otherwise accessible. [...] 6 Everyone shall be able to exercise the rights in this Law under equal conditions, notwithstanding their citizenship, temporary or permanent residence, i.e. seat, or personal attribute such as race, confession, nationality, ethnicity, gender, et al. | All natural persons are included under the scope. |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 2 ...Information of public importance held by a public authority body shall denote the following notwithstanding: whether the source of information is a public authority or another person; the information medium (paper, tape, film, electronic media, et al) containing the document with the information; the date of creation of information; the manner of obtaining information; or another feature of information. | |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | YES | 2 | 5 ...Everyone shall have the right to access information of public importance by being allowed insight in a document containing information of public importance, the right to a copy of that document, and the right to receive a copy of the document upon request, by mail, fax, electronic mail, or in another way. | |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Article 3: "Public authority in the sense of this law is: 1) body of the Republic of Serbia; 2) the body of the autonomous province; 3) body of the municipality, city, city municipality and the city of Belgrade; 4) public enterprise, institution, organisation and other legal entity which is established by regulation or decision of the body referred to in item 1) to 3) of this paragraph; 5) a company whose founder or member is the Republic of Serbia, an autonomous province, a unit of local self-government, or one or more authorities referred to in item 1) to 4) of this paragraph with 50% or more of shares or stakes in the sum; 7) a legal entity whose founder is a company from item 5) or 6) of this paragraph; 8) a legal entity or an entrepreneur performing activities of general interest, in terms of the law governing the position of public enterprises, in relation to information related to the performance of those activities; 9) a legal or natural person who has public powers, in relation to information related to the exercise of those powers; 10) a legal entity that in the year to which the requested information relates has generated more than 50% of the income from one or more authorities referred to in item 1) to 7) of this paragraph, in relation to information related to the activity financed by these revenues, except for the church and religious community." | All the bodies and classes of information seem to be included under the scope. Despite Archives not being explicitly mentioned, the definition of bodies include public archives too. |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | YES | 4 | 3 In terms of this Law, a public authority body (hereinafter: public authority) shall denote notably: 1) A state body, territorial autonomy body, a local self-governance body, as well as an organization vested with public authority (hereinafter: state body); 2) A legal person founded by or funded wholly or predominantly by a state body. | All bodies seem to be included. |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 3 In terms of this Law, a public authority body (hereinafter: public authority) shall denote notably: 1) A state body, territorial autonomy body, a local self-governance body, as well as an organization vested with public authority (hereinafter: state body); 2) A legal person founded by or funded wholly or predominantly by a state body. | The judicial branch seems to be included. |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 3 In terms of this Law, a public authority body (hereinafter: public authority) shall denote notably: 2) A legal person founded by or funded wholly or predominantly by a state body. | Article 3 provides: "A public authority body within the meaning of this Law...shall mean: A legal entity founded by or fully or predominantly funded by a government body." |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 3 In terms of this Law, a public authority body (hereinafter: public authority) shall denote notably: 1) A state body, territorial autonomy body, a local self-governance body, as well as an organization vested with public authority (hereinafter: state body); 2) A legal person founded by or funded wholly or predominantly by a state body. | The definition provided in the article seems to cover this. |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 3 In terms of this Law, a public authority body (hereinafter: public authority) shall denote notably: 1) A state body, territorial autonomy body, a local self-governance body, as well as an organization vested with public authority (hereinafter: state body); 2) A legal person founded by or funded wholly or predominantly by a state body. | |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | NO | 2 | 15 Paragraph 4: The applicant need not list the reasons for the request. | |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | YES | 2 | 15 Paragraph 2: The request shall contain the name of the public authority, the full name and surname and address of the applicant and as many specifics as possible of the sought information. Paragraph 3: The request may also contain other data that will facilitate the search for the requested information. | Requesters will be asked for the full name and surname and address, and as many specifics as possible of the requested information. |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | YES | 2 | 15 Paragraph 1: An applicant shall submit a request in writing to a public authority to exercise the right to access information of public importance. Paragraph 5: If the request does not contain data in Para 2 of this Article, i.e. if the request is deficient, the authorized person of the public authority shall be obliged to instruct the applicant free of charge how to rectify the deficiencies in the request, i.e. to give the applicant instructions on supplements. | No official forms asked in order to obtain the pretended information. No requirement to state request under RTI law. |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | YES | 2 | Article 38: "1) informs the applicant about the possession of information and provides access to the document containing the requested information, ie submits information in appropriate ways, rejects requests for decisions, provides applicants with the necessary assistance to exercise their rights established by Law" | |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | YES | 2 | Article 38: "1) informs the applicant about the possession of information and provides access to the document containing the requested information, ie submits information in appropriate ways, rejects requests for decisions, provides applicants with the necessary assistance to exercise their rights established by Law "Article 38: " | |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | NO | 0 | N/A | Not mentioned about the receipt. |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | Article 19: When public authority does not hold the document containing the requested information, it shall refer the request to the Commissioner, and inform the Commissioner and the applicant who, to its knowledge, holds the document. Article 20: Upon receipt of the request, the Commissioner shall check whether the document containing the information sought in the request is held by the public authority that had referred him the request. In the event the Commissioner determines that the document in Para 1 of this Article is not held by the public authority that had referred the request of the applicant, the Commissioner shall refer the request to the public authority that holds the document, unless specified differently by the applicant, and inform the applicant thereof or refer the applicant to the public authority that holds the requested information. | The referral will be made by the authority to the commissioner and he will inform or refer the application to the authority which holds the document or information requested by the applicant. |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | YES | 2 | 18 The equipment at the disposal of the public authority shall be used for insight in a document containing the requested information, unless the applicant asks to gain insight in the document by using his/her own equipment. | |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | YES | 2 | Article 16. Paragraph 1: "The competent authority is obliged to inform the recipient about the possession of information without delay, and no later than within 15 days from the day of reciept of the request, ie the arranged request, to present the document containing the information, or issue him a copy of the document. A copy of the document is sent for request on the day of sending the office of the authority from which th information was requested, ie on the day of sending the email." | "A public authority shall, without delay" |
3. Requesting Procedures |
22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | YES | 2 | Article 16. Paragraph 1: "The competent authority is obliged to inform the recipient about the possession of information without delay, and no later than within 15 days from the day of receipt of the request, ie the arranged request, to present the document containing the information, or issue him a copy of the document. A copy of the document is sent for request on the day of sending the office of the authority from which the information was requested, ie on the day of sending the email." | The timeline established by the law is 15 calendar days. |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | Partially | 1 | Article 16. Paragraph 3: "If the authority determines that the request refers to the information contained in a large number of documents, the subsequent action of the authority within the period referred to in paragraph 1 of this Article would be difficult, it may, within seven days of receiving a proper request, inform the applicant and offer him to specify the request or to inspect the document before determining which copies of the documents he needs. | The public authority shall, within seven days of receipt of the request at the latest, inform the applicant about the delay. The timeline extension is 40 days (1 point loss). |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | 17. 1: Insight in a document containing the requested information shall be free of charge. | |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | Partially | 1 | 17 [...] A copy of the document containing the requested information shall be issued and the applicant shall be obliged to reimburse the necessary costs of duplication, and also in the event of sending, the costs of sending. The government shall sign the list of expenditures on the basis of which the public authority shall calculate the costs referred to in the previous Para. [...] The Commissioner shall follow the practice of reimbursement of costs and exemption from reimbursement and issue recommendations to the public authorities with the aim of standardizing the practice. | Rules are set centrally. The fees are limited to the cost of reproduction and sending. The Decree of Government regulating charges provides for possibility not to charge at all if the price would be below 50 dinars (16 copies) (1 point loss). Some categories of request are free of charge (e.g. journalist, human rights, related to the safety of people and environment). |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | 17 Paragraph 4: Journalists, requesting a copy of a document for professional reasons, and non-governmental organizations, focusing on human rights and requesting a copy of a document for the performance of their registered activities, and all persons that request the information due to the imperilment, i.e. protection of public health and environment, shall be exempted from the obligation of reimbursement in Para 2 of this Article, except in cases referred to in Article 10, Para 1 of this Law. | There are some waivers, but not specifically for impecunious people (for journalists and nongovernmental organizations focusing on human rights). |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 4 | 8 The rights provided for in this Law may, in exceptional circumstances, be subject to limitations set out in this Law, to the extent necessary in a democratic society to prevent a serious violation of an overriding interest based on the Constitution or law. Nothing in this Law shall be construed as justifying the revocation of a right conferred by this Law or its limitation to an extent exceeding that provided for in paragraph 1 of this Article. | "Nothing in this Law shall be construed as justifying the revocation of a right conferred by this Law or its limitation to an extent exceeding that provided for in paragraph 1". |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | YES | 10 | Article 9: "The public authority may deny a third party access to information of a public nature, as if in time: 1) endangering the life,health,safety or other important wellbeing of a person; 2) threatened, restricted or impeded the commission or an unfair labour practice, an incitement to commit an unfair labour practive, the conduct of a pre-trial procedure, the conduct of a trial, the execution of a judgement or the imposition of a sentence, the conduct of a procedure within the meaning of a law regulating the protection of competition, or any other legally regulated procedure, or a fair trial, until the end of the procedure; 3) it has violated the defense of land, national or public safety, international relations or the rules of international arbitration law; 4) it has seriously impaired the ability of the State to manage economic processes in the country, or has seriously impeded the pursuit of the economic interests of the Republic of Serbia, or has jeapordised or could jeapordise the implementation of monetary, foreign exchange or fiscal policy, financial stability, management of foregin exchange reserves, control of financial insitutions, or the issuance of currency and currency debts; 5) made avaiable information or a document for which regulations or official acts based on law stipulate that it is kept secret or consitutes a business or professional secret, or information obtained in the representation procedure of whih the representative did not approve, in accordance with the law governing the legal profession, the disclosure of which could result in serious legal or other consequences for the interests protected by law which prevail over the right of the public to know; 6) violated the right of intellectual property, endangered the protection of artistic, cultural and natural assets; 7) endangering the environment or rare species." | All the exceptions listed are included under the permissible ones. |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | YES | 4 | Article 4: "It shall be deemed that there is always a justified public interest to know information held by the public authority, in terms of Article 2 of this Law, regarding a threat to, i.e. protection of public health and the environment, while with regard to other information the public authority holds, it shall be deemed that there is a justified interest of the public to know, in terms of article 2 of this Law, unless proven otherwise by the public authority. Article 8: "The rights in this Law may be xceptionally subjected to limitations prescribed by this Law if that is necessary in a democratic society in order to prevent a serious violation of an overriding interest based on the Constitution or law. No provision of this Law may be interpreted in a manner that could lead to the revocation of a right conferred by this Law or its limitation to a greater degree than the one prescribed in Para 1 of this Article." Article 9: "A public authority shall not allow the applicant to exercise the right to access information of public importance, if it would thereby: 5) Make available information or a document qualified by regulations or an official document based on the law, to be kept as a state, official, business or other secret, i.e. if such a document is accessible only to a specific group of persons and its disclosure could seriously legally or otherwise prejudice the interests that are protected by the law and outweigh the access to information interest." | |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | Article 4: "It shall be deemed that there is always a justified public interest to know information held by the public authority, in terms of Article 2 of this Law, regarding a threat to, i.e. protection of public health and the environment, while with regard to other information the public authority holds, it shall be deemed that there is a justified interest of the public to know, in terms of article 2 of this Law, unless proven otherwise by the public authority. Article 8: "The rights in this Law may be xceptionally subjected to limitations prescribed by this Law if that is necessary in a democratic society in order to prevent a serious violation of an overriding interest based on the Constitution or law. No provision of this Law may be interpreted in a manner that could lead to the revocation of a right conferred by this Law or its limitation to a greater degree than the one prescribed in Para 1 of this Article." Article 14. Section 2:"A public authority shall not fulfill the applic ant’s right to access information of public importance if it would thereby violate the right to privacy, the right to reputation or any other right of a person that is the subject of information, except if: 1) The person has agreed; 2)Such information regards a personality, phenomenon or event of public interest,especially a holder of a state or political post, and is relevant with regard to the duties that person is performing; 3)A person has given rise to a request for information about him/her by his/her behaviour, especially regarding his/her private life." | It seems that at first, all exception are covered with the Article 4, that establishes "Justified public interest to know exists, unless the public authority concerned proves otherwise". |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | No clear procedures listed, and the required information shall not be granted unless the person concerned has given his/her consent. No points awarded. | |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | YES | 2 | Article 12:"If the requested information of public importance can be extracted from other information contained in the document a public authority is not obliged to allow the applicant insight in, the public authority shall allow the applicant insight in the part of the document containing only the extracted information." | |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | YES | 2 | Article 16. Paragraph 10: "In the event a public authority refuses to inform the applicant, either entirely or partially, whether it holds the sought information, to allow the applicant insight in the document containing the requested information, to issue i.e. send to the applicant a copy of the document, it shall be obliged to issue a decision on the rejection of the request and give a written explanation of such a decision, and to notify the applicant in the decision of the legal means at his/her disposal to appeal such a decision." | |
5. Appeals |
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 | 2 | Article 16. Paragraph 10: "If the authority refuses to inform the applicant in whole or in part about the possession of information, to present the document containing the requested information, to issue or send him a copy of the document, it is obliged to without delay, and no later than 15 days from receipt of the request, make a decision to reject the request and to explain the decision in writing, as well as to instruct the applicant in the decision on legal remedies that he can declare against such a decision." Article 23: "Provisions of the Law on General Administrative Procedure related to the appellate decisions of second instance body shall be applied to the procedure before the Commissioner, unless specified differently by this Law." Article 24: The Commissioner shall reach a decision promptly and within 30 days from the submission of the complaint at the latest, upon giving the public authority and, if necessary the applicant, the opportunity to reply in writing. | A simple procedure with a short timeframe (20 working days) exists. The appeal will be submitted to another body. Proceedings shall be governed by the provisions of another law, the Law on General Administrative Proceedings. |
5. Appeals |
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 | 2 | Article 23 Provisions of the Law on General Administrative Procedure related to the appellate decisions of second instance body shall be applied to the procedure before the Commissioner, unless specified differently by this Law. | |
5. Appeals |
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 that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | YES | 2 | Article 30. Paragraph 1: "The National Assembly shall appoint the Creditor by a majority of the votes of its National Deputies, on the proposal of the Committee of State Administration (hereinafter: the Committee)" Article 31: "The Trusteeshop shall cease: 1) at the end of the mandate; 2) death; 3) on cheek requests 4) to those who lose their nationality; 5) how his business capacity will be limited by a court order; 6) as a criminal offender, he shall be sentenced to imprisonment for a term of at least six months; 7) dismissal. A commissioner who, during his term in office, is in receipt of an old-age pension in accordance with the law, shall cease to hold offie at the end of his term or office. In the events of a lapse in the duties of the Credentials for the reasons set out in paragraph 1(2) to (6) of this article, the National Assembly shall, without discussion, by a majority vote of its Members of the National Assembly, adopt a decision establishing the date of the lapse oin the duties of the Credentials." | The commissioner will be elected by the The National Assembly of the Republic of Serbia. The tenure is secured, because the commissioner can only be removed by The National Assembly, by a majority of votes of all members of parliament. |
5. Appeals |
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 | 2 | 34 (4): The funds required for the work of the Commissioner and his/her staff shall be secured in the budget of the Republic of Serbia. | The required funding for the operations of the Commissioner and his staff shall be allocated from the budget of the Republic of Serbia. |
5. Appeals |
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 | YES | 2 | Article 30, Article 31, Article 32: The Commissioner shall be autonomous and independent in the exercise of his/her powers. In the exercise of his/her powers the Commissioner shall neither seek nor accept orders or instructions from state bodies or other persons. | |
5. Appeals |
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 | YES | 2 | Article 26: "The Commissioner shall undertake actions to determine the facts necessary for reaching the decision referred to in Articles 24 and 25 of this Law. In order to determine the facts referred to in Para 1 of this Law, the Commissioner shall be allowed insight in every information medium this Law applies to." | The Commissioner shall take steps to find any facts necessary for reaching a decision, including the access to every information carrier covered by this law. The review of classified documents is not specifically mentioned, but it can be inferred by the lecture of the article that it is under the scope of the act. |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | YES | 2 | Article 28. Paragraph 1: "The decisions of the Commissioner are binding, final and enforceable." | |
5. Appeals |
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 | 2 | Article 25. Paragraph 1: "Upon receipt of a request or ex officio, the Commissioner shall reach the decision establishing that a public authority has not fulfilled its obligations set forth in this Law, with the exception of public authorities referred to in Para 2 of Article 22 of this Law, and order the measures the authority is to take to fulfil them, upon giving the opportunity to the authority to reply in writing." | The commissioner can order the measures to take by the authority in order to fulfill the requests of information. |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 27 An administrative dispute complaint may be lodged against a Commissioner's decision. | |
5. Appeals |
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 | 2 | N/A | Presumably, the appeal is free of charge, and a lawyer isn't needed. There is no provision about costs or lawyer, so we assume that there is no cost or mandatory role of the lawyer. |
5. Appeals |
46 | The grounds for an external appeal 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 | 4 | Article 22. Paragraph 1: "An applicant may lodge a complaint to the Commissioner within 15 days upon receipt of the public authority decision, if: 1) In contravention of Paras 1 and 3 of Article 16 of this Law, the public authority refused to inform the applicant whether it holds specific information of public importance or whether it is otherwise accessible to it, refused to allow insight in the document containing the requested information, to issue i.e. send to the applicant a copy of the document, or failed to do so within the prescribed deadline; 2) In contravention of Para 2 of Article 16 of this Law, the public authority failed to reply to a submitted request within the prescribed deadline; 3) In contravention of Para 2 of Article 17 of this Law, the public authority conditioned the issuance of the copy of the document containing the requested information by payment of a fee exceeding the necessary costs of duplication; 4) The public authority does not allow insight in the document containing the requested information in the manner set forth in Para 1 of Article 18 of this Law; 5) The public authority does not allow insight in the document containing the requested information, i.e. does not issue a copy of the document in the manner prescribed in Para 4 of Article 18 of this Law." | |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Article 22; Article 24: "The Commissioner shall reach a decision promptly and within 30 days from the submission of the complaint at the latest, upon giving the public authority and, if necessary the applicant, the opportunity to reply in writing. The Commissioner shall dismiss a complaint that is inadmissible, overdue or filed by an unauthorized person. The public authority shall prove it has acted in accordance with its obligations set forth in this Law." The public authority shall prove it has acted in accordance with its obligations set forth in this Law. [...] | |
5. Appeals |
48 | In the appeal process, 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 | YES | 2 | 24 Paragraph 3: The public authority shall prove it has acted in accordance with its obligations set forth in this Law. | |
5. Appeals |
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 records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | Article 35: "Credentials: 1) to ensure the integrity of the obligations of the authorities established by this Law and to inform the public and the National Assembly thereof; 2) initiate the adoption or amendment of proposals for the implementation of the right of access to information of a public nature; 3) propose to the authorities to take measures in order to improve their work regulated by this Law; 4) take measure necessary for the training of employees in government bodies [state bodies] and acquainting employees with their obligations regarding the rights to access information of public importance, in order to effectively implement this Law;" | Not specifically mentioned, but the commissioner is allowed to use coercive means in order to enforce his decisions. |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | YES | 2 | Article 44. "The public authority shall be held liable for damages caused by the inability of a media outlet to publish information because a public authority had without justification denied or limited its rights to access information of public importance from Article 5 of this Law, i.e. because a public authority gave preference to a journalist or media outlet in contravention of provisions of Article 7 of this Law." Article 46: "A fine between 5,000 and 50,000 dinars shall be imposed upon the authorized person in a public authority if the public authority: 1. Acts in contravention of the principle of equality (Article 6); 2. Discriminates against a journalist or a media outlet (Article 7); 3. Fails to specify the information medium, where and when the requested information was published (Para 2 of Article 10); 4. Fails to communicate accurate and complete information, i.e. fails to allow insight in a document containing accurate and complete information. (Article 11); 5. Fails to allow the applicant insight in a document or to make a copy of the document in the language in which the request was submitted (Para 4 of Article 18); 6. Refuses to receive a request, fails to inform the applicant of possessing the information, or fails to allow insight in a document containing the requested information, i.e. does not deliver a copy of the document in an appropriate way, fails to issue a decision on rejecting the request and refuses to provide the applicants with the necessary assistance for exercising their rights (Sub-Para 1 of Para 2 of Article 38)." | No specific mention about the destruction of information, but the scope for sanctions is broad enough to think that is included. |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | YES | 2 | Article 22: "An applicant may file a complaint with the Commissioner if: 1) the authority rejects the request of the applicant, within 15 days from the day when the decision or other act was delivered to him; 2) a public authority contrary to Article 16 para 1 to 3 of this Law, does not respond within the prescribed period to the request of the applicant; 3) the authority, contrary to Article 17, paragraph 2 of this Law, conditions the issuance of a copy of the document containing the requested information by payment of a fee exceeding the amount of the necessary costs of making that copy; 4) the authority fails to make available a document containing the requested information in the manner provided for in Article 18, paragraph 1 of this Law; 5) the authority does not make available the document containing the requested information ie does not issue a copy of the document in the manner provided in Article 18, paragraph 4 of this Law, or 6) the authority otherwise hinders or prevents the applicant from exercising the right to free access to information of public importance contrary to the provisions of this Law." | |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | Partially | 1 | Article 32. Paragraph 4: "A Commissioner may not be held liable for any opinion he has expressed or any proposal he has made in the exercise of his authority, and may not be held liable for any criminal act committed in the exercise of his authority without the approval of the National Assembly" | The commissioner has legal immunity for acts taken in pursuit of their mandate. No mention about others (1 point loss). |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | YES | 2 | N/A | |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | YES | 2 | Article 38. Paragraph 1: "A public authority shall appoint one or more official persons (hereinafter: authorized person) to respond to request for free access to information of public importance. […]" | |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | YES | 2 | Article 35: "The Commissioner shall: 2) Initiate the preparation or change of regulations for the implementation and promotion of the right to access information of public importance; 6) Inform the public of the content of this Law and the rights regulated by this Law;" | |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | YES | 2 | Article 37: "The Commissioner shall without delay publish and update a manual with practical instructions on the effective exercise of rights regulated by this Law in the Serbian language, and in languages that are efined as official languages by law. The manual in Para 1 of this Article shall obligatorily contain the content and scope of rights to access information of public importance, as well as how these rights can be exercised. The Commissioner shall be obliged to inform the public of the content of the manual in Para 1 of this Article via the press, electronic media, the Internet, public panel discussions and in other ways." | |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | Article 38: "The head of the authority may designate one or more employees (hereinafter: authorised person) to act upon the request for free access to information of public importance. The bodies of the local self-government unit or city municipality may appoint a joint authorised person to act upon requests sent to those bodies. Several notaries or public executors may appoint a joint authorised person to act upon requests, from among the employees of those notaries i.e. public executors. Authorised person: 1) inform the applicant about the possession of information and provide insight into the document containing the requested information ie submit information in an appropriate manner, reject the request by decision, provide applicants with the necessary assistance to exercise their rights under this Law; 2) take measures to improve the practice of dealing with information carriers, the practice of maintaining information carriers, as well as the practice of their storage and security; 3) take measures necessary to acquaint employees with their obligations regarding the right to access information of public importance, in order to effectively implement this Law. All employees of the authority are obliged to provide the authorised person with all necessary assisstance and to provide complete and accurate information necessary to act upon the request. If the authorised person referred to in paragraph 1 of this article has not been appointed to act upon the request and take the measures referred to in paragraph 3, item 2) and 3) of this Article, the head of the authority is competent." | |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | YES | 2 | Article 39: "Authority referred to in Article 3, item 1) to 7) of this Law shall prepare an information booklet on its work [...]The newsletter shall be prepared in electronic and machine-readable form, and shall be published through a single information system of work newsletter, maintained by the Commissioner, in accordance with the Commissioner's instructions referred to in Article 40 of this law[...] The authority regularly checks the accuracy and completeness of the data published in the newsletter and, no later than 30 days after the occurrence of the change, updates the newsletter by making appropriate changes." | |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | YES | 2 | Article 35: The Commissioner shall: 4) Undertake necessary measures to train employees of state bodies and to inform the employees of their obligations regarding the rights to access information of public importance with the aim of their effective implementation of this Law; Article 42 With the aim of effectively implementing this Law, a state body shall train its staff and instruct its employees on their obligations regarding the rights regulated by this Law. The staff training in Para 1 of this Article shall notably include: the content, scope and importance of the right to access information of public importance, the procedure for exercising those rights, the procedure for administering, maintaining, and safeguarding information mediums, and types of data which the state body is obliged to publish. | The appointed officials will be trained by the Commissioner and his staff or by the government body itself (Article 42). |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | YES | 2 | Article 39: “A state body shall at least once a year publish a directory with the main data about its work,[…]†Article 43: "The authority by 31 of the current year, for the previous year, submits an annual report to the Commissioner on the actions of that body, taken in order to implement this law, which contains information on: 1) the number of submitted requests, the number of fully or partially adopted requests, as well as the number of rejected requests; 2) the number and content of appeals against decisions rejecting the request; 3) the total amount of fees collected for exercising the right to access information of public importance; 4_ measures taken in connection with the obligation to prepate and update the newsletter; 5) measures taken in connection with the maintenance of the information carrier; 6) measures taken in connection with employee training; 6a) the head of the authority and the authorised person; 6b) the number of submitted requests related to information on public health or environmental protection referred to in Article 16, paragraph 2 of this law; 6c) the number of submitted requests related to information on the disposal of public funds; 6d) the number of submitted requests related to information within the competence of the authority." | |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | YES | 2 | Article 35: "The Commissioner shall: 1) Monitor the respect of obligations by the public authorities regulated by this Law and report to the public and National Assembly thereof; Article 36: The Commissioner shall lay with the Nation al Assembly an annual report on the activities undertaken by the public authorities in the implementation of this Law and his/her own activities and expenses within three months from the end of the fiscal year. In addition to the report in Para 1 of this Article, the Commissioner shall lay with the National Assembly other reports as he sees fit. |
