Source: : Blic
Poor law implementation mechanisms
Former Ministry of Capital Investments, Ministry of Interior and the Security Information Agency have been singled out in the report by the Commissioner for Information of Public Importance, Mr. Rodoljub Sabic, as institutions with the highest record of breaches of the Law on Free Access to Information in the past period.“In general, I believe it is far more important to draw attention to the fact that mechanisms for the implementation of laws, including this Law, are not functioning. Both mechanisms, i.e. the one for implementation and the one for enforcement, are the responsibility of the Government. And yet, not in one single case has the Government enforced a decision made by the Commissioner”, said Mr. Sabic for “Blic”.
Although the number of cases with no answer is approximately one hundred, which seems very low compared with the three and a half thousand requests filed so far, Mr. Sabic explained these cases were the most delicate ones, because they were of highest interest for the public. They included a request to access information on surveillance tapping. An additional problem with the application of the Law on Free Access to Information of Public Importance lies in the fact that its implementation is a responsibility of the Ministry of Culture, which, in Mr. Sabic's opinion, lacks adequate capacities. Indeed, on the basis of the 760 cases containing elements of breaches of the law which the Commissioner forwarded to the Ministry, the Ministry instituted just 15 infringement proceedings.
“There are several complementary laws that need to be enacted without further delay, including the Confidential Data Classification Law, the Personal Data Protection Law and the Law on Handling of Secret Service Files. But it is also necessary to vest another body with inspection powers over public authorities, because the Ministry of Culture lacks sufficient capacities. Control must be adequately enforced, because offenders must be made aware of their offences”, said Sabic.
He explained that the increasing caseload in 2006 indicated that the citizens are beginning to trust not only the institution of the Commissioner, but the law as well.
