Source: Danas
In view of the charge against Information Commissioner's Decision that orders mandatory publishing of all parts of the Concession Contract for Horgos - Pozega highway, Belgrade - Ministry of Infrastructure, headed by Mr. Velimir Ilic, has filed a lawsuit to the Supreme Court of Serbia on May 22nd, against Public Information Commissioner's Decision (Mr. Rodoljub Sabic) in which he requested that all parts of the Concession Contract for the construction of the highway should be made public. However, in Ms. Vesna Dabic's words, PR of the Supreme Court, the charge of the Ministry of Infrastructure has not yet reached the judges assigned to decide on this case, B92 reports."At this point, the lawsuit is in the Supreme Court's preparatory procedure. Its correctness is being tested, and if deficiencies are found, it shall be returned to the prosecutor in order to be arranged; and if there are no deficiencies, then the lawsuit is processed into the Council of the Supreme Court of Serbia, which further on decides on this case", said Vesna Dabic.
The Commissioner Rodoljub Sabic expects that Ministry's lawsuit will be fully discarded, because the provision governing secrecy of the entire Contract, called on to by the foreign concessionaire, is actually in contradiction with the Constitution and Law. "I expect this charge to be discarded with 100% certainty. In 16 cases resolved by the SSC (Serbian Supreme Court) concerning charges filed by authorities against Commissioner's Decisions - all charges were rejected.
“But, let us not prejudge, we will wait"
The foreign Concessionaire refers to point 24.2 of the Contract saying that all information from the Contract shall be confidential, and may not be available to public without consent of the foreign partner.
In Sabic's words, this should not have happened: "It is so unusual, and in such a contradiction, not only with our Law, but also with good manners and practice in the world, that the contract of this kind is made utterly secret, hence we could maybe even speak of unconscientiousness on behalf of foreigners. He should have also paid attention that in any European country it is not appropriate for him to undertake such liabilities. If I understood well, even the foreigners in their statement advised to wait for SSC's decision" stated Sabic
The Supreme Court's decision is binding, but the Law does not provide for any sanctions if such decision is not adhered to.
