Project period: 31st of May - 1st of December 2024
Financed by German Marshall Fund of the United States
The German Marshall Fund of the United States (GMF) is a nonpartisan, nonprofit, transatlantic organization headquartered in Washington, DC, with offices in Ankara, Belgrade, Berlin, Brussels, Bucharest, Paris, and Warsaw.GMF strives to champion democratic values and the transatlantic alliance by strengthening civil society, forging bold and innovative policy ideas, and developing a new generation of leaders to tackle global challenges. GMF delivers hope by upholding the dignity of the individual and defending freedom in the spirit of the Marshall Plan. For more information, please visit: https://www.gmfus.org/.
The “Legal Help in Strategic Access to Information Cases” project aims to provide legal help with requests for information and representation in court cases for access to information.
To achieve the aims of the project, AIP will:
- Provide consultancy for local journalists, citizens, experts/think-tankers to get better access to information and courage to use their rights under APIA.
- Facilitate the improved and streamlined practice among different regional administrative courts.
- Communicate cases and results in order to raise awareness on access to information and encourage key players to use APIA.
RESULTS:
Legal aid:
In the reporting period, Access to information Programme (AIP) received (as recorded in the AIP database) 75 cases on which the legal team provided 163 consultations. Out of those, 52 cases were related to access to information refusals, 12 to assistance in formulating information requests, 9 to general matters related to the right to information, 2 to personal data protection, etc.
In 45 cases the advised clients were women, in 30 cases - men. In 63 cases the consultations were made face-to-face in the AIP office, 67 by e-mail and 21 by telephone, others were advised in meetings in the country.
In 18 cases the consulted are think-tanks, other NGOs and experts, in 17 cases they are journalists and in 40 – citizens. Most often the information was requested from local government bodies (21 cases). In 9 cases it was requested from central executive authorities, 9 from regional executive, in another 5 - from judicial authorities, in 4 cases – from independent authorities, and the rest – from other.
Litigation:
In the reported period 31 May – 1 December 2024 the AIP attorneys prepared: 21 appeals and 9 written defenses (for citizens – 12, for journalists – 10 and for NGOs - 8). All 21 appeals were submitted to first instance courts (Administrative Court Sofia - City – 9, Administrative Court Sofia – Region - 1 and administrative courts in the country - 11). 15 appeals challenged explicit refusals and 6 challenged silent refusals.
AIP attorneys provided representation in 30 court cases which aim to reveal wrong-doings in public money spending, problems with integrity of public officials, the judiciary and the public prosecution, transparency in the decision-making process and ineffective control in sectors prone to corruption. In 2 court cases AIP provided legal help without representation in court.
Administrative courts delivered 21 decisions and 3 rulings on access to information cases supported by the AIP (18 by the Administrative Court - Sofia – City and 6 by the administrative courts in the country). Out of the total number of the court decisions and rulings 17 were in favor of the requestors, 3 in favor of the administration and 4 partially in favor of the requestors and partially in favor of the administration.
Four video podcasts were produced by AIP in cooperation with Kaya Productions Ltd. covering important and influential cases. The selection was based on the Right to Know Day 2023 and 2024 awards where information seekers – journalists, activists and NGOs received awards on the occasion of the. The 4 video podcasts are:
Подкаст "Дела и демокарция": ЗДОИ като инструмент за ефективно гражданско участие и контрол, Еп. 5 – reflecting the FOI cases of the prominent NGO Boets focused on judicial reform and anti-corruption. The video also touches upon SLAPP issues.
Подкаст "Дела и демокрация": Валя Ахчиева - За Даная, лъжата и болницата, еп. 6 – focused on the use of FOI law in the investigations of the famous journalist Valja Ahchieva and the protection from SLAPPs. The video outreach is 1037.
Video Podcast Cases and Democracy: Four episodes published in the period and communicated via Youtube, Spotify and Facebook. The interviews are with prominent users of FOI: a journalist, an NGO and an activist who is herself judge.
Подкаст "Дела и демокрация": Разговор на Ал. Кашъмов, ПДИ, със съдия Вл. Цариградска, 1 част, Еп. 7 – The video relates to the use of FOI for identifying and disclosure of wrongdoings in the elections for Supreme Judicial Council members. The participant is the well-known judge Vladislava Tzarigradska who was threatened both in her capacity of a judge and also for her strong integrity and active position in public debates on the judicial independence.
Подкаст "Дела и демокрация": Разговор на Ал. Кашъмов, ПДИ, със съдия Вл. Цариградска, 2 част, еп. 8 – Part two of the discussion with judge Tzarigradska.
This project is funded by the United States Agency for International Development and the German Marshall Fund of the United States. All publications in the frames of the project are funded by the United States Agency for International Development and the German Marshall Fund of the United States. Its contents are the sole responsibility of Access to Information Programme Foundation and do not necessarily reflect the views of USAID or GMF.