FOI Litigation in BulgariaFOI Litigation in Bulgaria

WWWW.AIP-BG.ORGWW.AIP-BG.ORGAccess to Access to Information Information ProgrammeProgramme

Alexander KashumovAlexander Kashumov,,

Head of the legal team Head of the legal team

AIPAIP

Criteria for Free Legal Help in Court Criteria for Free Legal Help in Court CasesCases

Provisions to be challenged;

Public interest in information;

Necessity for legal aid.

Forms of Free Legal Help in Court Forms of Free Legal Help in Court CasesCases

Counseling;

Preparing the application and submissions;

Representation in the court;

Non- legal activities: monitoring of cases, media campaigning.

FOI Court CasesFOI Court Cases

Assisted by AIP : more than 90;

In the Supreme Administrative Court: about 130;

Monitored – 18.

FOI cases 2004 - 2005FOI cases 2004 - 2005WWWW.AIP-BG.ORGWW.AIP-BG.ORG

25

20

14

512

pending cases

cases won

cases lost

terminated

positive effect

Requests Requests

Related to : contracts between the gov’ and companies;State audit reports;Documents classified before 1989; Data of public officials or civil servants: property, expenses etc.; Public services (e.g. health care);Reports on/ doc’ exposing wrongdoings;Environmental matters (incl. PHARE, ISPA, EIB etc.).

Media coverage of FOI litigation Media coverage of FOI litigation Jan – May 2005Jan – May 2005

45 Radio and TV shows

27 Articles in newspapers

Positive Effects of LitigationPositive Effects of Litigation

It is part of the AI campaigning (civic education)

FOI litigation becomes fashionable (journalists and MPs readily sue the Gov’)

Citizens inspired to refer to court alone

Traditional fields of secrecy or privacy are challenged successfully

Courts give interpretation of the law and guidelines for

Public administration becomes interested in trainings and the court practice

ProblemsProblems

Court decisions not binding the executives, but sending the case back;

No execution of court decisions;

Bad interpretation of the law

Reluctance to go deeply into the three-part test examination of exemptions

Remedy for problemsRemedy for problems

Litigation, litigation and litigation

Training for judges, awareness of standards

Changes in law (only if no other way is available). Carefully seeking to foresee the consequences.