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Cases 2018

CASES REFERRED TO AIP FOR LEGAL ADVICE AND CONSULTATION DURING 2018

General Review

The provision of legal aid continues to be а priority activity of the AIP. In 2018, the AIP provided legal assistance at the initial stage of the information seeking process when the legal team provided advice and/or drafted a request for access to information. In another category of cases, legal aid was provided after a refusal to grant access to public information had already been issued.

An essential part of the legal aid provided by the AIP is the preparation of complaints and appeals to the court and provision of legal representation in access to information cases on behalf of requesters who have turned for assistance to the organization.

Number of Cases Referred for Legal Aid

The number of cases in which legal aid was provided in the period January - December 2018 during 2018 is 192.[1] The requestors sought AIP’s help by coming to our office, via e-mail or by phone.

Depending on their characteristics and legal qualification, the cases are categorized in the following three types:

related to practices of non-fulfillment of obligations under the Access to Public Information Act (APIA) by public bodies – 180 instances;
Cases related to violations of the right of personal data protection guaranteed under the Personal Data Protection Act (PDPA) were fewer – 6 instances;
related to violations of the fundamental right to seek, receive, and impart information – 2 instances, etc.;

The Most Active Information Seekers

The experience of AIP shows that the APIA is most frequently used by citizens, journalists, and nongovernmental organizations (NGOs). In 2018, like in previous years, the largest number of consultations was provided to citizens who sought the assistance of AIP in 85 instances. In 33 cases, NGOs asked for legal assistance, while 58 cases were referred to AIP by journalists and AIP coordinators (all of them journalists) from central and local media. In 3 cases, the legal team of AIP was approached for legal advice by public officials, also in 3 – by business persons.

Most Frequently Addressed Public Bodies

The number of cases in which information seekers requested information from local self-government bodies (mayors and municipal councils) is 68 – slightly bigger than the cases in which information was sought fromcentral executive bodies – 66 cases.

Less frequently, information was sought from regional units of the central executive bodies – 12 cases; from public-law bodies and organizations – in 7 cases; from judicial power bodies – 12, etc.

In AIP’s internal database were registered 11 cases of provided legal help without a defendant - those are all cases in which our team was approached for a general consultation under the APIA, or was generally asked about the course of access to information lawsuits, timelines and deadlines, etc.

Most Frequent Refusal Grounds

The number of registered silent refusals in 2018 is slightly lower than the previous year – 13. For comparison, in 2017 that number was 15 and in 2016 - 31.

Most of the grounded refusals are related to the preparatory documents exemption provided by Art. 13, Para. 2 of the APIA – in 15 cases, the protection of personal data – 8 cases, and the protection of third party interests – 10 cases. The official secret exemption was invoked – in 7 instances, and the state secret exemption – only in 2 instances, etc.

Tendencies

The tendency for a decrease in the number of consulted cases remains – they were 192 in 2018, while 215 in 2017, and 296 – in 2016. The number of consultations provided on referred cases, however, remains high – 573 in 2018 vs. 525 in 2017.

The interest towards information related to the work of local self-government bodies remains high in 2018.

There is a tendency of decreasing numbers of cases of silent refusals. The number of refusals grounded on the third party’s interests exemption (APIA, Art. 37, Para.1 item 2) increases (10 in 2018, while 4 – in 2017). We observed a slight rise in the number of refusals grounded in the state or official secret exemption (APIA, Art. 37, Para.1 item 1) – 9, and a more notable increase of refusals grounded in the exemption of preparatory work and negotiations (Art. 13, Para. 2 of the APIA) – 15.

Most frequently, consultations have been provided by e-mail – in 284 instances, followed by those provided in the AIP office – 232, and by phone – 52 instances.

The Most Frequently Sought Information in 2018

In 2018, our team provided legal aid on cases related to disclosure of information in different areas of public life in Bulgaria. The information most commonly sought was in the following areas:

Urban Planning and Road Infrastructure

Request to the Mayor of the Sliven Municipality for access to the building permits issued in the period of a month, as well as copies of those building permits;
Request to the Mayor of Sofia Municipality for access to documents related to the exposition “Living Dinosaurs” in the “G.S. Rakovski” Military Academy Park;
Request to the “Road Infrastructure” Agency for access to field surveys and geological studies of the investment proposal for the Ruse-Veliko Tarnovo highway;
Request to the Mayor of Varna Municipality for access to documents on the mapping and repair of municipal playgrounds;
Request to the Mayor of Varna Municipality for access to information on the contractor, terms and expenses related to the repair works of the Asparuh Bridge;
Request to the Mayor of Blagoevgrad for access to the issued orders for the removal of illegal constructions;
Request to the Mayor of Sliven Municipality for access to the building permission, issued to a specific company, for a building reconstruction in Sliven;
Request to the Mayor of Yambol Municipality for access to a report on a constructive survey of the “Bezistena” cultural monument;
Request to the Mayor of Burgas Municipality for access to public procurement contracts on the repair and maintenance of roads on the Municipality’s territory;
Request to the Mayor of Bratsigovo Municipality for access to a building permission, issued for a specific company;
Request to the Mayor of Sliven Municipality for access to the geodetic surveying, inspection report and names of inspecting officers on a case related to the reconstruction of a building in the town of Sliven;
Request to Sofia City’s Chief Architect for access to information on the demolition of a municipal school’s canteen;
Request to Sofia City’s Chief Architect for access to information on the security measures taken to grant the safety of the “Bronze House” statue, placed on the spot of Sofia’s former mausoleum;
Request to the “Road Infrastructure” State Agency for access to a refusal to issue building permits in the Kosharite area in the Municipality of Pomorie;
Request to the Mayor of Sofia Municipality for access to all projects on the permanent traffic organization, agreed upon by the Municipality’s Transport Committee;
Request to the Mayor of Sofia Municipality for access to information on the children’s playgrounds built and renovated in the last 3 years;
Request to the Mayor of Stara Zagora Municipality for access to information on the children’s playgrounds built and renovated in the last 3 years.

Information concerning Inspections and Control Activities

Request to the Bulgarian National Bank for access to 2 reports on the surveillance inspections of First Investment Bank in 2012 and 2015;
Request to the Ministry of Economics for access to the signals received at the Irregularity Register, maintained by the managing authority of OP “Innovation and Competitiveness 2014 - 2020”;
Request to the Regional Inspectorate of Environment and Water in the town of Veliko Tarnovo for access to information on whether a specific company has a permit for the production and sale of wood pallets;
Request to the State Financial Inspection Agency for access to reports on two financial audits of the “Ekoravnovesie” Municipal Enterprise;
Request to the General Prosecutor’s Office for access to information on investigated privatization deals;
Request to the Committee for Combating Corruption and the Withdrawal of Illegally Acquired Property for access to information on the action taken by the Committee in several specifically mentioned and publicly known cases of prosecuted persons currently occupying public posts (or who have been occupying such in the past);
Request to the Smolyan Regional Health Inspectorate for access to audits conducted due to noise from restaurants in the town of Zlatograd and the penalties imposed;
Request to the Financial Audit Commission for access to checks on pension fund assets as of end-2016;
Request to the Committee for Combating Corruption and the Withdrawal of Illegally Acquired Property on whether a decision was issued to terminate the proceedings against a specific person;
Request to the Mayor of Sofia Municipality for information on the number and type of disciplinary sanctions imposed on municipal employees in the last five years;
Request to the Customs Agency for access to information on the export of Bulgarian cigarettes to the United Arab Emirates;
Request to the Public Financial Inspection Agency for access to the results of an audit of the National Palace of Culture;
Request to the Agency for social assistance for access to the results of an audit carried out at the Social Assistance Directorate in Gabrovo;
Request to the Ministry of Interior for access to information on the arrest of 7 Turkish citizens and their transfer to Turkey;
Request to the Directorate-General for Execution of Sentences for access to the results of an audit at the prison in the town of Pazardzhik;
Request to the State Agency for Metrological and Technical Surveillance for access to information on the number of emergency alarm devices allowing two-way connection, installed by elevator users in Sofia;
Request to the Bulgarian Food Safety Agency for access to the monthly protocols for incineration of carcasses of animals and the addresses of incinerators;
Request to the Mayor of Triaditsa District in Sofia for access to his orders to designate officials with the task of controlling mobile shopping facilities in the South Park;
Request to the National Revenue Agency for access to the results of audits of Neftochim Lukoil Burgas AD in the period 2010 - 2017;
Request to Sofia Municipality’s Interior Directorate for access to the number of traffic accidents on the territory of a particular road intersection in the last five years.

Information regarding Public Expenditure

Request to the Mayor of Sevlievo for access to information on the overseas mission trips of Sevlievo Municipality officials in 2017, revealed by: post of the commissioned employee; exact dates of the trip; purpose of the trip; mode of travel /by plane, car, bus, etc./; number of days spent abroad;
Request to the Mayor of Sevlievo for access to the expenses incurred for each of the mission trips of the Municipality’s employees for visas, transport and paid mission expenses in 2017;
Request to the Mayor of Sevlievo Municipality for access to information on the visits of foreign delegations in the Municipality in 2017 by dates, purpose of the visit, the guests’ working position, the number of days during their stay in Sevlievo and the expenses incurred by the Municipality for securing the respective visits;
Request to the Commission for Combating Corruption and the Withdrawal of Illegally Acquired Property for access to information on the expenses incurred during the inspection of the property of Tsvetan Vasilev and his family (Bulgarian banker in exile, related to the Corporate Commercial Bank collapse in 2014 and the subsequent financial crisis in Bulgaria);
Request to Sofia University for access to the remuneration received by the Deputy Rector, the Chief Accountant and the Chief Financier in the period 2013 - 2015;
Request to the Customs Agency for access to documents related to the lease of a property in Pazardzhik, to where the customs terminal was moved;
Request to the Mayor of Kostenets for access to information on the contractor and the cost of a municipal hospital renovation project;
Request to the Mayor of Sevlievo for access to Sevlievo Municipality’s contract with a law firm from Sofia, as well as the amounts paid under this contract;
Request to the Commission for Combating Corruption and the Withdrawal of Illegally Acquired Property for access to information on the compensations paid by the Commission in lawsuits under the State Liability in Damages for Breach of Community Law;
Request to the National Arts Gallery for access to information on the price of art works purchased and received in the last 10 years;
Request to the Mayor of Dobrich for access to documents related to payments made from the municipal budget the Managing Authority of the Program "Environment" Operational in relation to certain financial corrections;
Request to the Mayor of Teteven for access to information on sums paid by the Municipality for legal services;
Request to the Mayor of Teteven for access to information on the cost of waste collection;
Request to the Mayor of Dryanovo for access to information on the costs of repair works of a particular subway;
Request to the Mayor of Sevlievo for access to information оn the payments to а PR agency from Sofia;
Request to the Mayor of Varna for access to information related to the repair of the municipal dog shelter;
Request to the Mayor of Teteven for access to its contracts for media services;
Request to the Mayor of Bozhurishte for access to information on the lawsuits against the Municipality in the last 10 years and the relevant expenses;
Request to the Mayor of Cherven Bryag for access to information on the Municipality’s internet and phone service expenses;
Request to the Mayor of Sevlievo for access to documents related to stationary and mobile phone posts, the amount of payments made and the contracts concluded with mobile operators;
Request to the Mayor of Stara Zagora for access to the contracts concluded between the Municipality and media companies;
Request to the Mayor of Ruse for access to the contract concluded between the Municipality and a private company regarding the transportation of passengers in accordance with the approved urban transport scheme;
Request to the Mayor of Sofia for access to documents related to the recovery of public debts which was assigned by the Municipality to private bailiffs/enforcement agents;
Request to the Mayor of Dryanovo Municipality for access to the documents for lease of two trucks used by the municipally-owned undertaking “Chisto Dryanovo”.

Management and disposition of state and municipal property

Request to the Mayor of Blagoevgrad for access to information on the sums paid under the Municipality’s obligations to natural and legal persons who use municipal property or are parties to concession contracts with the Municipality;
Request for access to information on the correspondence between the Ministry of Energy and the Ministry of Finance regarding a request made by 11 print media editors-in-chief; and regarding the provision of information on what funds and at which banks have the state bodies and enterprises made deposits in 2009 and 2010;
Request to the Mayor of Blagoevgrad for access to contracts with which the Municipality provides municipal real estate for commercial sites to the Lafka shop chain;
Request to the Ministry of Education on the maintenance of state school camps and holiday facilities.

Environmental Information

Request to the Environmental Executive Agency for access to the measurements of average hourly values of air pollution;
Request to the Ministry of Environment and Waters for access to documents on the conciliation procedure for the construction of two fire towers in the mountain of Vitosha;
Request to the Mayor of Svoge for access to information on the execution of a programme that aims the limiting of stray dogs population;
Request to the Road Infrastructure Agency for access to survey reports related to a specific track from the Struma highway;
Request to the Sofia Municipality for access to documents from the project for a waste incineration plant at the “Toplofikatsia Sofia” Central Heating Company;
Request to the Ministry of Environment and Waters for access to transcripts from the Supreme Expert Ecological Council meetings in the last 5 years;
Request to the Environmental Executive Agency for access to the updated Integrated Pollution Prevention and Control (IPPC) permit of the Ruse thermoelectric power plant’s ;
Request to the Mayor of Varna Municipality for access to the dossiers of stray dogs who were inhabiting Varna’s dog shelter before its closing;
Request to the Mayor of Sofia Municipality for access to information regarding the dog shelters managed by the “Ekoravnovesie” Municipal Entreprise;
Request to the National Electric Company for access to the Cold reserve contracts before 2013;
Request to the Mayor of Elin Pelin Municipality for access to the project for the construction of a plastic processing plant;
Request to Mayor of Aksakovo Municipality for access to information on the waste transported from a Varna-based company to the regulated landfill in the village of Vaglen, part of Aksakovo Municipality;
Request to Sofia’s Regional Environment and Waters Inspection for access to the financement projects that the Inspection applied for and won.

Transparent and accountable public administration

Request to the Prosecutor’s Office for access to information regarding recordings made during the Prosecutor General’s official meetings;
Request to the Ministry of Interior for access to information on operational development services conceived by Bulgarian criminal groups in the 1990s;
Request to the Ministry of Interior for access to the full names of the officials who were occupying the position of Head of the Traffic Police Department for every one of the Ministry of Interior Regional Directorates in the period 2000-2015;
Request to the Mayor of Krivodol Municipality for access to the civil contracts and the contracts of employment the Municipality concluded in the last 5 years;
Request to the Agency for Social Assistance for access to the declaration of interests of a former employee in the Agency who was the only candidate in the selection procedure for a director of the National Social Security Institute;
Request to the Mayor of Sofia Municipality for access to all orders issued by the Mayor in September 2017;
Request to the Mayor of Blagoevgrad Municipality for access to the official document that governs the organization of the exchange of documents in the Municipality;
Request to the Mayor of Sofia Municipality for access to the declaration of interests of Sofia’s Vice-Mayor responсible for the “Justice, coordination and control” Sector;
Request to the National Service for Protection for access to information on the security provided to Lyutvi Mestan, party leader of DOST;
Request to the Mayor of Sevlievo Municipality for access to the reports on a work trip of Municipality employees to Nice, France;
Request to the Agency of Employment for access to the number of the contracts of employment, concluded by the Agency in 2017 and the sums paid under those contracts;
Request to the Mayor of Silistra Municipality for access to information on the then newly appointed municipal Chief Architect;
Request to the Commission for Combating Corruption and the Withdrawal of Illegally Acquired Property for access to the orders (adopted in 2013) for applying the Act on Forfeiture in favour of the State of Illegally acquired Assets of Bulgaria;
Request to the Ministry of Health for access to information on the closure of the Center Fund for Treatment of Children.

Decision Making Process

Request to the Ministry of Justice for access to the opinions of public authorities which have participated in a conciliation procedure on the discussion of amendments in the Act on Forfeiture in favour of the State of Illegally acquired Assets of Bulgaria;
Request to the Ministry of Justice for access to the project for a Law amending and supplementing some legislative acts in relation to the Bulgarian Citizenship Act. Under this Act (after a proposal by President Rumen Radev) an amendment was introduced to the Electoral Code whereby a 3-month settled status is introduced for voting on parliamentary and presidential elections;
Request to the Energy and Water Regulatory Commission for the pricing procedure of drinkable water in Sofia City;
Request to the Ministry of Defence for access to documents indicating the results from the activity of a working group in relation to a new type of a fighter plane;
Request to the Ministry of Culture for access to the protocol from a competition for the appointment of the director of the State Puppet Theater in Pleven;
Request to the Ministry of Finance for access to the financial justifications for decisions and decrees made by the Council of Ministers;
Request to the Ministry of Interior for access to a report suggesting structural changes in the Ministry;
Request to the Mayor of Sofia Municipality for access to the discussion on the basis of which a decision for amendment of the Public Order Ordinance;
Request to the Ministry of Health for access to information on the working group which prepared amendments in the Health Law with the aim of improving the control when it comes to compliance with the ban on indoor and outdoor smoking.

Activity of Public-law bodies and organizations

Request to the “Municipal cartage” SAD for access to the number of failed public transport buses on certain routes in Sofia;
Request to “Sofia Airport” SAD for access to information regarding flights of Icelandic aircraft loaded with weapons and ammunition flying between Sofia and Saudi Arabia;
Request to the Urban Mobility Centre for access to protocols from Board of Directors’ meetings;
Request to the Urban Mobility Centre for access to the Instructions on the order and the way of work of control authorities on the regularity of passengers in public urban transport;
Request to the Center for Emergency Medical Aid - Sofia for access to the contract for repair and maintenance of the Centers’ out-of-warranty vehicles;
Request to the Center for Emergency Medical Aid - Sofia for access to information on whether their car visited a certain address on a certain date;
Request to the National Film Center for access to information on the implementation of the project for an animated movie;
Request to "Water Supply and Sewerage - Sliven" OOD for information about the drinking water supply in Sliven region.

Judiciary

Request to Sofia City Prosecutor's Office for access to the decree terminating pretrial proceedings initiated on the occasion of the leaked records from conversations with the participation of the judges of the Sofia City Court Vladimira Yaneva and Rumyana Chanalova;
Request to the Sofia City Court for access to aggregated data on incarceration cases;
Request to the Supreme Judicial Council (SJC) for access to information and documents about the checks made in relation to a scandalous case after a meeting between former Prosecutor Sotir General Tsatsarov, gas sector businessman and newspaper publisher Sasho Donchev and businessman and ex-chair of Bulgarian Socialist Party Georgi Gergov;
Request to the SJC for access to the minutes of a meeting of the SJC Inspectorate during which a proposal was discussed to institute disciplinary proceedings against the head of the Sofia Court of Appeal;
Request to the Prosecutor's Office for access to annual reports on its activities.

[1] The number of provided consultations is much higher – 573, since in some cases more than one consultation was provided.