site.btaAccess to Information Programme Recommends Return of Two-instance Proceedings for Protection of Right to Access to Information

June 4 (BTA) - The Access to Information Programme (AIP)
recommends return of the two-instance proceedings for protection
 of the right to access to information. The recommendation is
included in AIP's annual report for 2018 presented at a
BTA-hosted news conference on Tuesday.

AIP noted that following amendments to the Code of
Administrative Procedure, as of January 1, 2019, a second court
instance does not exist regarding protection of the right to
information. The head of AIP's legal team, Alexander Kashumov,
said that the removal of the second court instance in such
proceedings will corrupt the legal environment in the long run.

Citing government information, AIP said that the number of
refusals by institutions of access to public information
increases, and has exceeded 1,000 in 2018. The number of
complaints regarding refusals to access to information increases
 likewise.

Kashumov said that in 2018 there were more than 200 cases when
courts revoked or modified decisions granting or refusing access
 to public information of the respective administrative
authority. In his words, this shows the key importance of the
courts in the oversight and alignment of the practices that
implement the Access to Public Information Act, and also for
overcoming the tendency for secrecy.

Kashumov said that the anti-corruption commission was the
institution with the highest number of refusals of access to
public information in 2018.

Kiril Terziiski, a lawyer with AIP, said that the refusals
issued by the state administrations are becoming better
justified. Also, tacit refusals decrease.

AIP argues that if two-instance proceedings are not reinstated,
it is recommendable to have an independent authority, for
example, an information commissioner or commission, to consider
petitions as a first instance.

Another recommendation is to have a system for working with
electronic applications in every institution. AIP examines the
websites of 564 authorities of power. Ten per cent of these have
 systems to work with electronic applications, AIP Executive
Director Gergana Zhouleva said.

The highest-rated institutions in terms of active transparency
in 2018 are the Council of Ministers and its new website, and
the Ministry of Finance. The highest-rated such municipalities
are Turgovishte, Northeastern Bulgaria, and Belogradchik,
Northwestern Bulgaria. RY/ZH
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