Copy of the concession contract signed between the Ministry of Regional development and Public Works and Highway Trakia JSC

Silvya Yotova (Novinar Newspaper) vs. the Ministry of Regional development and Public Works (MRDPW)

First Instance– administrative court case No. 6363/2005, SAC, Fifth Division

Request:
In May 2005, the journalist Silvya Yotova from Novinar Newspaper submitted a written request for access to information to the Minister of Regional Development and Public Works. She demanded a copy of the concession contract signed between the MRDPW and Highway Trakia JSC, as well as copies of the legal analyses of the concession, which are prepared under the provisions of the Concession Act.

Refusal:
The Minister refused access to the requested information since the latter contained data that due to its content constituted classified information—administrative secret pursuant to the Protection of Classified Information Act (PCIA). Access to such type of information would affect negatively the interests of the state and would harm other legitimate interests.

Complaint:
The refusal has been challenged before the court with the argument that the grounds claimed under PCIA is not enough to justify the refusal. The particular law, under which the requested information has been classified as administrative secret should бе signified as well. More important, pursuant to the Concessions Act, the minister is obliged to submit the requested information to the Council of Ministers' Public Register of the Concessions. This Register is supposed to be accessible via Internet.

Developments at the First Instance:
The first court session on the case would be held in January 2006.