AIP vs. Ministry of Education and Science
Facts:
On 28 February 2000, the Access to Information Programme Foundation served
an application in writing to the Ministry of Education and Science for
obtaining access to copies of the instruments related to the teaching
of the optional school subjects Religion - Islam and Religion - Christianity,
as enumerated in the application.
On 27 March 2001, the subsequent implied refusal of the Ministry was
appealed before the Supreme Administrative Court.
After long delays, the file was referred to SAC on 3 July 2001. The court
session is scheduled for 2 p.m. on 4 December 2001 - Case No. 7176/2001,
5th Division of SAC.
Arguments of the Parties:
The arguments of the appeal were that decisions for refusal to grant access
to information had to be given in writing with reasons attached (Art.
15 of APA and Art. 38 of APIA). This is a case of material breach of substantive
law (Arts. 2 and 3 of APIA) because it relates to public life in Bulgaria
and it enables the applicants to form their opinion on the execrise of
the statutory powers by the Minister of Education and Science.
Conclusions:
The information bout the fulfillment of the government obligation to provide
education to young citizens, including religion as a subject, is public
information. The implied refusal of the Minister in this case is a serious
obstacle to exercising citizens' rights.
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