The Administrative Court Sofia-city upheld the appeal against the district administration’s refusal to provide documents related to a movable structure.

 

The Administrative Court  Sofia-city annulled a decision of the Mayor of the "Primorski" District, which denied access to public information requested by a citizen under the Access to Public Information Act (APIA). The case was initiated in response to the Mayor's refusal to provide documents related to a movable structure placed partly on a sidewalk and partly on municipal land.

 

The Mayor denied access to the information on the ground that it conserns “personal information” and is part of an administrative file, applying Article 8, Item 1 of the APIA, which excludes the provision of information related to the administrative servicеs for citizens.

 

However, the court ruled that the requested information is public information under Article 2, Paragraph 1 of the APIA, as it concerns to the placement and management of a movable structure on municipal land — an activity carried out by the local authority within its public powers. In this case, the information seeker is not an interested party under Article 131 of the Spatial Development Act, and therefore there is no alternative legal avenue for accessing the requested information, which makes Article 8, Paragraph 1 of the APIA inapplicable. The information would enable the requester to form their own opinion about the administration's actions, which is the core purpose of the law.

 

The court assumes that “the overriding public interest is presumed, as the subject of the information concerns the lawful execution of the authority’s functions related to territorial planning, permitting and construction oversight. Providing such information always contributes to improved transparency and accountability in the municipality’s activities before the public.”

 

The court stated the court file to be returned to the district administration for a new decision.

 

The judgment is final.