Public Information Commissioner expects the Government of Serbia to solve in due time the problem concerning access to information from the Concession Contract for Horgos-Pozega highway, in line with legitimate interest of our public. Estimating that many actions and statements of the responsible persons may cause dilemma regarding the factual condition, significance and scope of constitutional and legal provisions guaranteeing freedom of access to information, Commissioner Rodoljub Sabic pointed out:   

„The Constitution of Serbia in its Article 51 paragraph 2 guarantees the right of access to information in authorities' possession according to the Law. The Law on Free Access to Information lays down and elaborates this right, additionally providing for in Article 8 that it may be restricted only in exceptional cases, and only by virtue of „limitations established in this Law, and if it is necessary, for the purpose of protecting superior interests in democratic society from severe detriment, based on the Constitution and Law.“

The point 24.2 of the Concession Contract foresees that literally all information on construction and maintenance of the highway are confidential and that our public may not obtain any information without permission of the foreign partner, which is obviously in contradiction with the Constitution and Law. Such provision discards provisions of our public and legal order, i.e. makes their application subject to free will of foreign partners, which is unacceptable.

Events linked with the Concession Contract would have to represent a serious warning indicating two issues, obviously not addressed with enough attention.

First, all our authorities shall be liable to fully harmonize their behaviour, including arrangements with foreign partners, with obligations stemming from our Constitution and the Law. Nowhere in the world can the commercial contracts penetrate into public and legal order. Constitution of Serbia provides for that even the ratified inter-state contracts have to be aligned with it.

Second, implementation of new legal standards, which we increasingly and promptly encounter in the harmonization process of our legal system with the European Union system, is not only an issue of will, but also issue of knowledge, i.e. awareness and comprehension; and it is obviously very important to organize it at the global state level and carry out quality training programs. I have suggested this several times, and let me remind you that one of the non-realized recommendations by the Group of States Against Corruption (GRECO) to our country is exactly organizing and implementation of such training program as well as the campaign aimed to introduce our broadest public with contents and scope of the Law on Free Access to Information.“