Milko Boyadjiev vs. Chief Architect of Sofia

Facts:
On 4 July 2001, Milko Nikolov Boyadjiev servced an application to the Chief Architect of Sofia to grant access to the master plans and detailed schemes for placing movable equipment within the territory of Sofia. After consultation with AIP, Mr. Boyadjiev appealed against the implied refusal by the Chief Architect. The appeal was drawn up on 24 July 2001 and served through the Chief Architect of Sofia.

A request was served to have the file called by SAC. On 9 August 2001, the Chief Architect issued a decision to grant access and made copies of documents available. The decision was received on 21 August 2001.

Access was actually granted to the information about the requested file. The Chief Architect issued a decision to grant access and to provide copies of documents.

Arguments of the parties:
The failure of the Chief Architect of Sofia to respond was a material breach of the procedural law (Art. 15 of APA and Art. 38 of APIA) and the substantive law (Arts. 2 and 3 of APIA).

Conclusions:
This is a case of exercising the right of access to public information after appeal against the refusal under the terms and procedures provided by law.

As far as implied refusals are concerned, there is already a ruling of a five-member panel of SAC on a case, in which the defence was represented by Alexander Kashamov, AIP lawyer (Case 7, CILA v.s MLSP), i.e. Ruling No. 8645 of 16 November 2001. The ruling gives a positive answer as to the issue whether an implied refusal to grant access to public information can exist.