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.