The legislator does not exclude whistleblowers from the scope of persons who are entitled to receive public information under the APIA. 30.09.2024
This was the conclusion reached by a panel of the Razgrad Administrative Court in a case brought by Radmila Kovacheva (Isperih) against the refusal of the Sofia-City Regional Food Safety Directorate (SCRFSD).
The court once again repealed the refusal of the National Revenue Agency (NRA) to provide information regarding the control proceedings issued against four individuals related to the "Barcelona-gate" case. 30.09.2024
The information was requested by Atanas Chobanov (BIRD) back in the summer of 2023.
Legal entities that receive public budget funds are obliged bodies under the APIA, and their consent is not required for the disclosure of information related to them. 31.08.2024
This was the conclusion reached by a panel of the SCAC in a case brought by Dimitar Georgiev (Sofia) against a refusal of the Ministry of Regional Development and Public Works (MRDPW).
Any tacit refusal to a request for access to public information is unlawful. The only legally recognized option for processing a request is for the obliged body to issue an explicit decision, either granting or refusing access to the requested information. 31.08.2024
This was the conclusion reached by a panel of the SCAC in a case brought by Mirela Veselinova (from the newspaper Capital) against the tacit refusal of the Commission for Anti- Corruption and the Forfeiture of Illegally Acquired Property (CAFIAP).
Reports and records of inspections conducted by public bodies do not fall within the scope of the limitation on the right to access information related to preparatory documents that do not have independent significance. 31.08.2024
This was the conclusion reached by a panel of the Sofia-City Administrative Court (SCAC) in a case brought by Marina Radkova (Sofia) against the refusal of the Regional Food Safety Directorate – Pleven (RFSD – Pleven).
There is always an overriding public interest in providing access to information related to the implementation of activities financed with funds from the state or municipal budget, or international programs or projects. 30.06.2024
This was the conclusion reached by a court panel of the Sofia-City Administrative Court (SCAC) on a case brought by Mariela Petrova against the refusal of the Mayor of Lesichovo to provide information regarding contracts concluded by the Lesichovo Municipality for external services related to controlling the population of stray animals.
There is an overriding public interest in providing information regarding the members of the Audit Committee of the Kozloduy NPP and their average salaries for the last 10 years. 30.06.2024
This was the conclusion reached by the SCAC in the second case brought by Nikolay Marchenko (“Bivol”) against the refusal of the Director of the Kozloduy NPP.
The Kozloduy Nuclear Power Plant (NPP) EAD is an obliged body under the APIA and is required to issue a decision on a request for information regarding damages to the state budget amounting to BGN 150 million caused by actions and omissions of the the nuclear power plant’s management. 30.06.2024
This was the conclusion reached by a panel of the SCAC on a case brought by Nikolay Nedelchev (Sofia) against the refusal of the Executive Director of Kozloduy NPP EAD.
Access to public information cannot be denied on grounds other than those specified in the Access to Public Information Act. 31.05.2024
This was the conclusion reached by a panel of the Targovishte Administrative Court in a case brought by the civic association “Water for Omurtag” against the refusal of the Ombudsman of the Republic of Bulgaria to provide a copy of a letter from the Deputy Mayor of the Omurtag Municipality to the Ombudsman related to the water supply issues in the town of Omurtag.
When there is an overriding public interest, the existence of the two cumulative conditions — affecting the interests of a third party and lack of consent from that third party — lose their effect of terminating the right of access to public information, and the public body has an obligation to provide the information. 31.05.2024
This was the conclusion reached by a panel of the Plovdiv Administrative Court in a case brought by Slavcho Georgiev (Plovdiv) against the refusal of the Director of the Agency for People with Disabilities (APD) to provide copies of the project proposals received in 2021 and 2022 under the Programme for Start and Development of Self-Employment for People with Disabilities.
Litigation under the Access to Public Information Act Analysis 02.04.2024
The Access to Information Programme presented the book Litigation Under the Access to Public Information Act (2013 - 2023). The book contains an overview and analysis of the practice of the Bulgarian Supreme Administrative Court and the administrative courts under the Access to Public Information Act (APIA) over the last 10 years. We hope it will be useful in the daily work of administrative judges, lawyers, legal advisers, prosecutors, researchers, lecturers and students, representatives of non-governmental organizations, journalists and public figures who use the APIA in their work.