Project period: October 2023 - March 2024
Financed by the Netherlands Embassy at Sofia, Bulgaria
The purpose of the project is to make a short analysis (10-20 pages) of the last 10 years’ court practice under APIA focusing on important issues where strong precedents are set.
Review of the litigation experience under the Access to Public Information Act (APIA) for the period 2013-2023. Preparation of a short analysis of the court practice under APIA reflecting important decisions in the period 2013-2023. Presentation of the short analysis at a public event with the participation of administrative courts judges, attorneys-at-law and public bodies’ lawyers.
On March 14, 2024, at the "Hotel Central Sofia," the Access to Information Programme held 10 Years Court Practice under Access to Public Information Act Conference.
At the hybrid conference, held both in-person and online via Zoom with direct video streaming on Facebook, the current judicial practice related to the implementation of the Access to Public Information Act (APIA) was presented and discussed by the legal team of the Access to Information Programme. The aim of the event was to acquaint the audience with the practice of the Supreme Administrative Court and administrative courts in recent years. AIP also presented a brief analysis of judicial decisions on important issues related to the implementation of the APIA.
Guests at the conference included Minister of Justice Dr. Atanas Slavov, Ambassador of the Kingdom of the Netherlands Simon van der Burg, Chairperson of the Bulgarian Judges' Assiciation Tatyana Zhilova, Chairperson of the Supreme Bar Council Ivaylo Dermendzhiev, magistrates from the Supreme Administrative Court and administrative courts, university professors, and others.
"The right to access information is a fundamental right; it guarantees transparency in various sectors of governance," said Ambassador van der Burg of the Netherlands, while Minister Slavov emphasized that "despite many successes in recent decades – the development of the basic legal framework, its subsequent development and improvement, to which the Access to Information Programme has made a significant contribution, the challenges to citizens' constitutional right to access information have not been exhausted."
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The Access to Information Programme presents an analysis and summary of the practice of the Supreme Administrative Court and administrative courts under the Access to Public Information Act over the past 10 years.
The analysis can be beneficial in the daily work of administrative judges, lawyers, legal advisors, prosecutors, researchers, professors, and students, as well as representatives of non-governmental organizations, journalists, and members of the public who utilize the Access to Public Information Act in their work.
The review and summary of judicial practice cover approximately 700 decisions and rulings of the Supreme Administrative Court and administrative courts. The practice of the Constitutional Court and the European Court of Human Rights is also taken into account.
The topics in the analysis are developed as follows:
- by lawyer Kiril Terziyski – obligated subjects, the concept of "public information," access to information – access to documents, leaving applications without consideration, silent refusals;
- by lawyer Stefan Angelov – access to information electronically, electronic signature of the application, providing information by specifying an email address, refusal due to information provided in the previous 6 months, trade secrets, overriding public interest related to accountability in the management of public funds;
- by lawyer Alexander Kashumov – restriction related to the protection of personal data, restriction related to the protection of preparatory documents, general editing of the text.