Source: Blic
What do you think of the possibility that it occurs to somebody to set the rule, thus breaching the law on the traffic, that instead of the right highway laine, people must drive in the left one in a highway of ours, unless the concessionary of the highway allows the opposite? Naturally, many people will say that the question is futile - all around the world it is known and is irrevocable, that in no way can commercial contracts contradict the state legislation. True, but IS it like that here, in our country, as well? The Constitution of the Republic of Serbia guarantees the right of accessing the information at disposal to authorities, in the manner compliant with the law. And the Law (on Free Access to Information), apart from prescribing the right that a document containing information of public interest can be seen into, along with the right that a copy of the document be obtained, envisages also that these rights can only exceptionally be limited and done so solely 'by the limitations described by the law if it be deemed necessary in a democratic society for the purpose of protecting the preceding interest founded on the Constitution or Law from serious violation'.Regardless of this, by the contractual item 24.2 of the Contract on Concession for the Highway HorgoS - Pozega it is stated that literally all the information are considered confidential and that our public cannot get the grasp of any piece piece of information without the previously obtained consent from the foreign partner.
What do you think, if we take into account basic logic, legitimate interests and the rights guaranteed by the Law and Constitution, what is the extent to which this contractual liability is justified and IS it justified at all? Do you think it makes more sense, and is more legally acceptable than giving consent to drive in the left laine?
