The Commissioner for Information of Public Importance said it was commendable that the Ministry of Natural Resources, Mining and Spatial Planning (even if it was on the last day of its existence), acting on his order, made available to the public all data in connection with the "Feasibility Study for Morava Canal". However, the Commissioner believes it would be better if in such and similar situations the rights of the public were exercised on the proactive basis, without the need for the Commissioner to intervene, issues orders and imposes fines.

Noting that some actions and statements of responsible persons could cause dilemmas about the factual situation and the meaning and scope of the constitutional and legal provisions which guarantee freedom of information and regulate the possibilities to limit that right, Commissioner RodoljubSabic particularly emphasized the following:

"Article 51, paragraph 2 of the Serbian Constitution guarantees access to data held by the government in accordance with the law. The Law on Free Access to Information establishes and elaboratesthis right an in addition in Article 8 explicitly stipulates that this right 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 the law".

The provisions of contracts with foreign entities which envisage that literally any information on legal affairs to which they pertain are classified and that the public in Serbia cannot have access to any information without permission of a foreign partner are obviously contrary to the provisions of the Constitution and the law. Such contractual provisions undermine the provisions of the Serbian legal order, i.e. their application depends on the will of foreign partners, which is unacceptable.

The eventsin connection with this case should be a warning that all Serbian public authorities must bring their actions in full compliance with their duties under the Serbian Constitution and the law. Of course, this also includes arrangements entered into with foreign partners. Nowhere in the world can commercial contracts violate public legal order. In that regard, I remind that Serbian Constitution stipulates that even ratified international agreements have to be compliant with its provisions."