15 January 2020 г.

On May 29, 2019 in Sofia, at Graf Ignatiev Street, which has become a stage for infamous city street repair works, the Mayor of Sofia announced in front of journalists that a commission of the contracting authority (ie Sofia Municipality) had inspected the site repairs site a day earlier and found some problems. Nevertheless the construction was announced as "finished". At the same time, the mayor said that certain sanctions have been imposed on the contractor of the site, the major construction firm GP Group AD. 


In this regard, an access to public information lawsuit followed. On May 30, 2019 Svetlozar Alexiev from Sofia filed a request to the Mayor of Sofia Municipality with the demand to provide him with the following information:
 
1. A copy of all minutes of the activity of the aforementioned commission, related to its audit of the repair site on May 28, 2019;
2. Copies of all protocols and orders with which Sofia Municipality approved the repair activities;
3. Copies of all documents srelated to the sanctions inmposed by the mayor.
 
In June 2019 the Deputy Mayor of the Transport Directorate rejected the request on the grounds that the information sought was related to the internal preparation of the act and had no relevance of its own since it was created and stored for the final act governing the relevant legal relationship - which in this case was the repair contract.
 
With the legal support of AIP, the refusal was appealed to the Administrative Court - Sofia City (ACSC).

As a result, the ACSG canceled the refusal and the request was returned to the Deputy Mayor of the Municipality who was obliged to answer in compliance with the mandatory instructions of the court for interpretation and application of the Access to Public Information Act. According to the court, there is an overriding public interest, but Sofia Municipality did not consider this presumption. The court's decision is final.