Can the body in power, which has been ordered by the Commissioner's Decision passed in the procedure following the complaint for enabling access to information of public importance, start the administrative procedure against that Decision in front of the Supreme Court of Serbia? (March 2007)
Answer:
Based on the charges from the bodies in power for starting the administrative procedure against the Commissioner's Decisions passed in the procedure following the complaint by the entity requesting information, ordering the body in power to enable the Requestor to access the requested information of public importance, the Supreme Court of Serbia has stated its opinion that the public body in power, which according to the Law on Free Access to Information of Public Importance has the position of the first instance body, can not have the position of plaintiff in the administrative procedure against the Commissioner's Decision, as a second-instance body.
Therefore, according to the available data of the Commissioner's Service, the Supreme Court of Serbia has until now discarded 14 charges from the bodies in power against the Commissioner's Decisions.
