Request:
In September 2016, Elena Hristova (Sofia) filed a request to the Minister of Economy demanding access to information from the Irregularities Register, maintained by the Managing Authority of the Operational Programme "Innovation and Competitiveness 2014-2020". Specifically, the requestor wishes to receive registered 2016 irregularities - date of the alert, description of the violation, check stage, actions taken (if any) and conclusion (if any).
Response:
The Deputy Minister of Economy refuses access to the requested information. The refusal states that the system (the part of which is the register) has been developed in a way that prevents external users from consulting. It is pointed out that according to the Law on the Management of the European Structural and Investment Funds and the Regulation on the Administration of Irregularities of the European Structural and Investment Funds, the information in the register is used only by certain officials in each managing authority and by the authorities carrying out inspections and imposing control. Lastly, the refusal states that the information in the register is restricted because it is administrative public information related to the operational preparation of the acts of the managing authority (exemption under Art. 13, Para 2, item 1 of the APIA).
Complaint:
First Instance Court Decision:
By Decision No. 318/09.01.2018 of the SAC (in Bulgarian), the Supreme Administrative Court repealed the refusal and returned the request to the Minister of Economy to issue a new decision in line with the mandatory instructions on the interpretation and application of the law. The court panel assumed that the case is not about information related to the operational preparation of acts of the administration but us about information subject to creation and holding by the body in compliance with its obligations to manage the funds from the European Structural and Information Funds (ESIF). The management should be implemented while ensuring publicity and transparency pursuant to Art. 2 of the Law on the Management of the EU Structural and Investment Funds. According to the court, the grounds for refusal under Art. 13, para. 2, item 1 of the APIA is inapplicable as the requested information does not contain opinions, recommendations, opinions and consultations, which does not fall within the category of the provisions of the APIA.
The magistrates accept that the other argument on which the information was denied (the information in the register of irregularities is used only by certain officials in each managing authority and by the inspection and control authorities) is also unfounded, since in the Regulation on the Administration of Irregularities of the European Structural and Investment Funds do not prohibit the provision of information from the register to persons outside the control and control bodies. Access to this information is therefore free and is provided under the APIA. The decision came into force, the information was provided.
Impact of the case:
The disclosure of such information is extremely important and it is in line with the principles of the management of European Structural Funds and Investment Funds, according to which the principles of the management of these funds should be made public and transparent.
Elena Hristova was recognized with an Honorary Diploma for her active, consistent and persistent use of the APIA to obtain information on the 2018 Right to Know Day Awards Ceremony held on 28 September: http://www.righttoknowday.net/en/ceremonies/203561/2018/