Commissioner for Information of Public Importance and Personal Data Protection has submitted to the Constitutional Court of Serbia a proposal for evaluation of constitutionality and legality of the Rule Book on the Method of Keeping and Contents of the Public Contracts' Register.
In relation to that, the Commissioner, Rodoljub Sabic has also stated as follows:
„Disputable Rule Book has been passed immediately before the reconstruction of the Government by at that time Minister of Economy and Finance. Already then I have warned regarding obvious unconstitutionality and illegality, that is, of the fact that by disputable provisions of the Rule Book issues have been regulated, which according to the Constitution can be regulated solely by the Law. In addition to that, they were regulated in the manner contrary to the provisions of the Law on Free Access to Information of Public Importance. As illustration, the Rule Book envisages the obligation of the requestor, to prove in order to access documents and information about public-private partnership and concessions, the existence of a certain special „legal" interest, despite the fact that the Law explicitly provides that the requestor is under no obligation to prove the existence of any interest whatsoever, the Law itself stipulates the assumption of existence of interest.
After the Reconstruction of the Government, I have repeated the warning that this is a serious and illegal limiting of the right of the public. During the talks I had on that occasion with the Minister of Economy, I have received assurances that the Act shall be changed and the illegal and unconstitutional provisions shall be made null and void.
However, some time after that, I received the information that this issue is not under the competence of the Ministry of Economy, but in the competence of the Ministry of Finance. But although my collaborators and I have tried in communication with the responsible persons in the Ministry of Finance to acquire relevant information, the attempt was unsuccessful without our guilt.
Already earlier I stressed that as the Commissioner, in resolving as per complaints, I shall unavoidably give primacy to legal provisions in relation to the provisions of the Rule Book, and that I shall base my decisions solely on legal provisions. But, due to citizens, journalists, media and other requestors of information, due to reasons of general legal safety, I have asked and expected that the person in charge whoever it might be, would harmonize the disputable provisions of the Rule Book with the Constitution and the Law. That would be, in the end, the right way to confirm proclaimed orientations of both ministries and of the whole Government for maximum transparency in operations. But because this was unfortunately omitted, and sufficient time has passed, as I have announced earlier on, I asked the Constitutional Court to determine the unconstitutionality and illegality of disputable provisions of the Rule Book."