LAWON FREE ACCESS TO INFORMATION OF PUBLIC IMPORTANCE("Official Herald of the RS", Nos. 120/2004, 54/2007, 104/2009, 36/2010 and 105/2021) |
Article 1
The present Law shall regulate the rights of access to information of public importance in the possession of public administration agencies, for the purpose of realisation and protection of interests of the public to know, and to put into effect the free democratic order and the open society.
For the purpose of realisation of rights to access to information of public importance in possession of public administration agencies, the present Law hereby establishes the Commissioner for information of public importance (hereinafter: Commissioner), as an autonomous state organ, independent in performing the tasks of his competence.
In order to enable the interest of the public to know, all public authorities should make public and thus make available to the public all information about their work that, in accordance with the provisions of this Law, is considered information of public importance.
All terms used in this Law in the grammatical masculine gender shall imply the natural masculine and feminine gender of the person to whom they refer.
Information of Public Importance
Article 2
In terms of the present Law, the information of public importance shall be the information possessed by a public administration agency, originating in the work or in relation to work of the public administration agency, included in a specific document, and relating to anything that is the subject of justified interest of the public to know.
In order for a piece of information to be considered as information of public importance, it is not the point whether the information source is the public administration agency or another person, or whether the information instrument (paper, tape, film, electronic media and the like), containing the document with the piece of information, the date of its origin, the mode of becoming aware of the piece of information, nor the point are the other similar properties of the information.
Article 3
In terms of the present Law, a public administration agency (hereinafter: government agency) shall be:
1) An agency of the Republic of Serbia;
2) An agency of an autonomous province;
3) An agency of a municipality, city, city municipality and the City of Belgrade;
4) A public enterprise, institution, organization or other legal person, established by a regulation or by decision of the agency under item 1-3 of the present paragraph;
5) A company whose founder or member is the Republic of Serbia, an autonomous province, unit of local self-government, i.e. one or more agencies of the government under items 1-4 of the present paragraph, provided that the share or stock value of the Republic of Serbia constitute 50% or more in total capital of such company, i.e. that it controls more than half of the management;
6) A company whose founder or a member is one or more of the agencies under item1-5 of this paragraph, provided that their share or stock value equals 50% or more in the total capital;
7) A legal person whose founder is a company under item 5 or 6 of the present paragraph;
8) A legal person or a sole trader who performs an activity of public importance, in terms of the law that governs the status of public enterprises, in relation to information that is connected to performance of such activities;
9) A legal or natural person that exercises public authority, in relation to information that is connected to performance of such authority;
10) A legal person, except from a church or religious community, that has, in the year that the sought information relate to, made more than 50% of its earnings from one or more government agencies under items 1-7 of the present paragraph, in relation to information that is connected to performance of the activity financed by such earnings.
Statutory Prerequisites of the Justified Interest
Article 4
It shall be considered that the justified interest of the public to know, referred to in Article 2 of the present Law, does exist whenever it is a question of information possessed by an government agency related to threatening, and/or protection of health of the population and the environment, and should there be a question of other information possessed by the government agency, a justified interest of the public to know, referred to in Article 2 of the present Law, shall be considered as existing, unless the evidence to the contrary be submitted by the government agency.
Substance of the Right to Access to Information of Public Importance
Article 5
Everyone shall be entitled to be informed as to whether a government agency possesses a specific piece of information of public importance, and/or whether it is otherwise accessible to him.
Everyone shall be entitled to have an information of public importance accessible to him, by enabling him to have an insight into the document containing the piece of information of public importance, the right to a copy of such document, as well as the right to be sent, at the request, a copy of the document by mail, telex, electronic mail or in some other way.
Article 6
The rights specified in the present Law shall belong to all under equal conditions, regardless of citizenship, residence, dwelling place, and/or business seat, or personal characteristic, such as race, religious belief, national and ethnic origin, sex, and the like.
Ban on Discrimination of Journalists and Media
Article 7
A government agency shall not give a preferential status to a journalist or a media outlet, where several of them have submitted a request, by making it possible only to him, or to him before other journalists or media, the realisation of the right to access to information of public importance.
Article 8
The rights specified in the present Law may exceptionally be subject to restrictions specified by the present Law, should this be necessary in a democratic society in order to protect against a serious violation of a preponderant interest based on the Constitution or the law.
No provision of the present Law shall be interpreted in the way that could result in abolishing a right recognized by the present Law, or in its restriction that would be greater than the one prescribed in paragraph 1 of the present Article.
II EXCLUDING AND RESTRICTING THE FREE ACCESS TO INFORMATION OF PUBLIC IMPORTANCE
Life, Health, Personal Safety, Administration of Justice, Defense of the Country, National and Public Security, Economic Welfare of the Country, Secret, Intellectual and Industrial Property, Artistic, Cultural and Natural Assets and the Environment
Article 9
A government agency may deny access to information to an applicant, if that would:
1) Endanger life, health, safety, or some other important personal property;
2) Endanger, hinder or aggravate the prevention or discovery of a criminal offence, prosecution of such offence, conducting of preliminary criminal proceedings, conducting of court proceedings, enforcement of a judgment or the carrying out of a sentence, carrying out proceedings in terms of the law that governs competition protection, or some other legally regulated proceedings, or fair treatment and equitable trial, until the finalization of proceedings;
3) Seriously endanger the defense of the country, national or public security, international relations or breach some rules of international arbitrations law;
4) Substantially undermine the capacity of the state to manage economic processes in the country, or a substantially aggravate the realization of justified economic interests of the Republic of Serbia, or hider or could hinder the carrying out of monetary, foreign currency or fiscal policy, financial stability, management of foreign currency reserves, supervision over financial institutions or issuing of banknotes and coins;
5) Make available a piece of information or a document that, by regulations or an official act based on law, is ordered to be kept as confidential or represents a business or professional secret, or publish the data received in the procedure of representation without consent of the person who was represented, in accordance with the law that governs the work of the state attorney’s office, and if such data, if published, could cause serious legal and other consequences to the legally protected interests which outweigh the right of the public to know;
6) Violate the right of intellectual or industrial property; endanger the protection of artistic, cultural and natural assets;
7) Endanger the environment or rare plant and animal species.
Information of Public Importance Possessed by Government Agency that Is already Accessible to the Public
Article 10
A government agency shall not be obliged to enable an applicant to effect the right to access to information of public importance, where the information is already published and is publicly available.
In the event referred to in paragraph 1 of the present Article, the government agency shall indicate, at the request, the information instrument (the number of official herald, title of the publication and the like) in which, and when, the requested information has been made public, unless this is a common knowledge.
Challenging a Published Piece of Information by Government Agency
Article 11
Should a government agency contest the authenticity or completeness of a piece of information of public importance, that is made public, it shall disclose the true and complete piece of information, and/or make possible the insight in the document containing the true and complete piece of information, except for the cases referred to in Articles 9 and 14 of the present Law.
Article 12
If the requested information of public importance can be separated from other information in a document to which the government agency is not obliged to provide access to the applicant, the government agency shall provide the applicant with access to the part of the document containing only the extracted information and shall inform him that the rest of the content of the document is not available, in accordance with the law.
Article 13
(Deleted)
Privacy and Other Individual Rights
Article 14
A government agency may limit the exercise of the applicant’s right to access to information of public importance, if this would violate the right to privacy, the right to protection of personal information, the right to reputation or some other right of the person, to whom the requested information personally relates to, unless:
1) Such person has agreed to it;
2) It is a case of a person, a phenomenon or an event of interest to the general public, and particularly when it is a case of public official in terms of the law governing the prevention of conflict of interest in performance of a public office, and if such information is related to performance of such public office;
3) It is this is a case of a person who, by its conduct, caused such request.
Information of public importance from a document containing personal data may be made available to the applicant in a way that ensures that the right of the public to know and the right to protection of personal data can be exercised together, to the extent prescribed by law governing the protection of personal data and by this law.
III PROCEDURE AT THE GOVERNMENT AGENCY
Request for Information, Insight, Drawing out a Copy and Instruction
Article 15
The applicant shall submit a request, in writing, to the government agency in order to realise the right to access to information of public importance (hereinafter: request).
The request has to include the title of the government agency, the name, surname, i.e. company name, and address of the applicant, as well as an as precise as possible description of the requested piece of information.
The request has to include other data as well, that facilitate the locating of the requested piece of information.
The applicant is not obliged to indicate the reasons for the request.
Should the request fail to include the data referred to in paragraph 2 of the present Article, and/or fail to be orderly, the authorised person in the government agency shall be obliged, no later than eight days from the day of receipt of the request, free of charge, to instruct the applicant to eliminate the defects, and/or supply the applicant with the instruction as to supplementing the request.
Should the applicant fail to eliminate the defects within the time limit determined by the government agency, which may not be shorter than eight or longer than 15 days from the day of having received the instruction as to supplementing the request, and should the defects be of such a nature which make the request impossible to be proceeded, the government agency shall enact a ruling of rejecting the request as being unorderly.
The government agency shall be obliged to make possible the access to information also on the ground of an oral request by the applicant that is communicated in the minute-book, and such request shall be filed in the particular records, and the time limits to be applied shall be the ones otherwise applicable to request submitted in writing.
The government agency may prescribe a form for submitting a request, but shall be obliged to consider also a request that is not made in such a form.
Article 16
The government agency shall inform the applicant about the possession of information without delay, and no later than within 15 days from the day of receipt of the request, i.e. the corrected request, present him a document containing complete and accurate requested information, i.e. issue him or send him a copy of that document. The copy of the document shall be deemed sent to the applicant as of the day of leaving the mail room of the government agency from which the information was requested, i.e. as of the day of sending the e-mail.
If the request refers to information which, on the basis of the data stated in the request, can be assumed to be important for the protection of life or freedom of a person, i.e. for endangering or protecting the health of the population or the environment, the government agency shall inform the applicant on possession of that information, present him a document containing complete and accurate requested information, i.e. issue him a copy of that document no later than 48 hours from the receipt of the request.
If the government agency finds that the request relates to information contained in a large number of documents, as a result of which the agency's processing within the time limit referred to in paragraph 1 of this Article would be difficult, it may, within seven days of receiving the proper request, notify the applicant thereof, and offer him to specify the request or to inspect the documents before determining which copies of the documents he needs.
If the government agency is not able, for justified reasons, within the time limit referred to in paragraph 1 of this Article, to inform the applicant about the possession of information, to present him a document containing the requested information, to issue or send him a copy of that document, it shall, no later than seven days from the day of receipt of the proper request, notify the applicant of the reasons why it is unable to process the request within the time limit referred to in paragraph 1 of this Article and set a subsequent deadline, which may not exceed 40 days from the day of receipt of the proper request, in which it shall process the request.
If the request refers to access, i.e. obtaining a copy of a document containing information that represents classified information determined by another government agency, the government agency shall, within eight days from the day of receipt, submit the request to the government agency that instituted the confidentiality in order to process the request, and inform thereof the applicant. The time limit referred to in this Article for processing the request by the government agency that instituted the confidentiality of data shall begin to run from the day of serving.
If the request refers to information that represents classified data whose secrecy has been determined by the government agency that decides on the request and if the government agency finds that the reasons for which the data was classified as secret have ceased, it shall pass a decision on termination of data secrecy, in accordance with the law that regulates determination and protection of classified information, and provide the applicant with access to the requested information.
The government agency shall, together with the notification that it shall allow the applicant to inspect the document containing the requested information, i.e. issue him a copy of that document, inform the applicant of the time, place and manner in which the information will be made available, the amount of necessary costs for document’s copying, and in case it does not have the technical means to make a copy, it shall inform the applicant about the possibility of using his own equipment to make a copy.
Inspection of the document containing the requested information shall be performed in the official premises of the government agency.
The applicant may, for justified reasons, request to inspect the document containing the requested information at a different time from the time determined by the agency from which the information was requested.
A person who is unable to inspect the document containing the requested information without an escort shall be allowed to do so with the assistance of an escort.
If it satisfies the request, the government agency shall not issue a separate ruling, but shall make an official note about it.
If the authority refuses to inform the applicant in whole or in part about the possession of information, to present a document containing the requested information, to issue or send him a copy of that document, it shall, without delay, and no later than within 15 days from receipt of the request, issue a ruling to reject the request and to explain that ruling in writing, as well as to refer the applicant in the ruling to legal remedies that he can declare against such a decision.
If the request refers to information that represents classified data whose secrecy has been determined by the government agency that decides on the request, or the information represents a business or professional secret, the explanation of the ruling referred to in paragraph 12 of this Article shall also contain the reasons for instituting secrecy and the reasons why the data should still be kept secret, i.e. the reasons why the data was determined as a business or professional secret.
The legal entity referred to in Article 3, item 10) of this Law shall be released from the obligation to act in accordance with the provisions of this Article, if it has submitted all information related to activities financed by the funds of the government agencies referred to in Article 3, items 1) to 7) of this Law to the agency that financed those activities or to the government agency in charge of the control of that financing.
Article 17
The insight in a document containing the requested piece of information shall be free of charge.
A copy of the document containing the requested piece of information shall be drawn out, with the duty of the applicant to pay the fee covering the necessary cost of making that copy, and in the event of instruction, also the cost of instruction.
The Government shall prescribe a scale of charges to be used as the ground for the agency to calculate the cost referred to in the preceding paragraph.
Exempted from duty to pay the fee referred to in paragraph 2 of the present Article shall be the journalists, when requesting a copy of the document on account of performing their profession, the associations for human right protection, when requesting a copy of the document on account of realisation of the objectives of the associations, and all the persons, when the requested piece of information refers to putting in danger, and/or protection of the health of population and the environment, except for the cases specified in Article 10, paragraph 1 of the present Law.
The Commissioner shall monitor the practice of collection of the fee and exemption from payment of the fee, and shall give recommendations to government agencies for the purpose of harmonisation of that practice.
Providing Insight and Making a Copy
Article 18
The insight in a document containing a requested piece of information shall be gained by using the equipment possessed by the government agency, except where an applicant demands to gain the insight by using his own equipment.
The government agency shall draw out a copy of the document (photostat, audio-copy, video-copy, digital copy and the like) containing the requested piece of information in the form in which the document already exists, and if possible, in the requested form.
Where a government agency fails to possess technical possibilities to make the copies of documents in terms of paragraph 2 of the present Article, it shall make a copy in another form.
Where the government agency possesses a document containing the requested piece of information in the language used in the submitted request, it shall be obliged to provide the insight in the document, and make the copy, in the language used in the submitted request.
Sending off the Request to the Commissioner
Article 19
Should the government agency fail to possess a document containing the requested piece of information, it shall send off the request to the Commissioner and shall notify the Commissioner and the applicant on whereabouts of the document, according to its understanding.
Proceeding by the Commissioner with the Sent off Request
Article 20
After receiving the request, the Commissioner shall verify whether the document containing the requested piece of information, referred to in the request, is in possession of the government authority that has sent off the request to him.
Should he find that the document specified in paragraph 1 of the present Article is not possessed by the government agency which has sent off the applicant's request to him, the Commissioner shall forward the request to the agency in possession of the document, unless the applicant has indicated otherwise, and shall notify accordingly the applicant, or shall refer the applicant to the government agency possessing the requested piece of information.
The mode of proceeding in terms of paragraph 2 of the present Article shall be ordered by the Commissioner, depending on the efficiency of the mode of realisation of the right to access to information of public importance.
Where the Commissioner forwards the request to the government agency referred to in paragraph 2 of the present Article, the time limit specified by Article 16 of the present Law shall begin to run from the day of forwarding.
Remaining Procedural Provisions
Article 21
Unless otherwise provided for by the present Law, the procedure at the government agency shall be subject to provisions of the law regulating the general administrative procedure, referring to the deciding by a first instance agency.
IV PROCEDURE BEFORE THE COMMISSIONER
Article 22
The applicant may lodge a complaint to the Commissioner, should:
1) the government agency reject or refuse the applicant’s request, within a 15 day time limit from the delivery of the ruling or another act;
2) the government agency, contrary to Article 16, paragraphs 1-3 of the present Law, fail to respond to applicant's request within the prescribed time limit;
3) the government agency, contrary to Article 17, paragraph 2 of the present Law, condition the drawing off a copy of the document containing the requested piece of information on the payment of fee that exceeds the amount of necessary cost of making that copy;
4) the government agency fail to provide the insight in the document containing the requested piece of information in the mode specified by Article 18, paragraph 1 of the present Law;
5) the government agency fail to provide the insight in the document containing the requested piece of information, and/or fail to draw off a copy of that document in the mode specified by Article 18, paragraph 4 of the present Law or
6) the public authority aggravate or hinder in some other way the applicant in effecting the right to free access to information of public importance, contrary to the provisions of the present law.
No complaint may be lodged against the ruling of the Commissioner deciding on the request submitted to the Commissioner as a government agency.
There shall be no complaint against a ruling of the National Assembly, President of the Republic, Government of the Republic of Serbia, the Supreme Court of Cassation, the Constitutional Court of Serbia, National Bank of Serbia, and the Republic Public Prosecutor.
An administrative dispute may be instituted in conformity with the law, against the ruling specified in paragraphs 2 and 3 of the present Article.
The court shall ex officio notify the Commissioner of the initiation of an administrative dispute against the ruling referred to in paragraph 3 of this Article.
Deciding on the Complaint by the Commissioner
Article 23
Unless otherwise specified by the present Law, the procedure before the Commissioner shall be subject to provisions of the law regulating the general administrative procedure, referring to the settlement procedure applied by a second instance agency.
Article 24
The Commissioner shall issue a ruling without delay, and no later than within 60 days from the day of receipt of the complaint, after he enables the government agency to submit a written statement, and if necessary, the applicant.
Notwithstanding paragraph 1 of this Article, upon a complaint due to non-action of a government agency in accordance with Article 16, paragraph 2 of this Law, the Commissioner shall issue a ruling within 30 days from the day of receipt of the complaint.
The Commissioner shall reject a complaint that is inadmissible, untimely and filed by an unauthorized person.
The government agency must prove that it has acted in accordance with its obligations under this Law.
When he determines that the complaint is founded, the Commissioner shall issue a ruling to order the government agency to provide the applicant with free access to information of public importance.
When, regarding the complaint due to non-compliance with the request (silence of the administration), he determines that the complaint is founded, the Commissioner shall issue a ruling to order the government agency to act upon the request within a certain time limit.
If in the procedure on complaint against the ruling on rejection of the request related to classified data referred to in Article 9, item 5 of this Law, the Commissioner finds that the reasons for which the data was determined as secret have ceased, i.e. that the data has not been classified as secret in accordance with law which regulates the determination and protection of classified data, he shall issue a ruling to sustain the complaint and order the government agency to revoke the confidentiality of the requested data and provide the applicant with access to that data.
In the complaint procedure referred to in paragraph 7 of this Article, the Commissioner shall inspect the case file to which the complaint relates in order to fully determine the factual situation necessary to resolve the complaint.
If the government agency, after the complaint due to non-compliance with the request was filed, and before the decision on the complaint has been made, provides the applicant with access to information or acts on the request in another way, the Commissioner shall issue a ruling to suspend the complaint procedure. The complaint procedure shall also be suspended when the applicant withdraws the complaint.
In case of passing the ruling referred to in paragraph 6 of this Article due to non-compliance with the request, the Commissioner, in accordance with the law regulating the misdemeanor procedure, shall issue a misdemeanor warrant due to the committed misdemeanor referred to in Article 47 of this Law.
Deciding by the Commissioner on Measures for Promoting the Transparency of Work
Article 25
Acting on a report, or in line of duty, the Commissioner may enact a ruling by which it is established that a government agency, except for an agency specified in Article 22, paragraph 2 of the present Law, has failed to fulfill its obligations specified by the present Law, and by which the measures are ordered for their fulfillment, after making possible beforehand to the government agency to take stand on the matter, in writing.
The report referred to in paragraph 1 of the presently Article may not be submitted in the cases in which the right to complaint is provided for by the present Law.
Establishing the State of Facts by the Commissioner
Article 26
The government agencies shall to submit to the Commissioner, at his request and within the deadline determined by him, which may not be longer than 15 days, all data necessary to determine the factual situation relevant to the rendering of rulings under Art. 24 and 25 of this Law, as well as to deciding on the submission of requests for initiating misdemeanor proceedings related to these rulings.
In order to determine the factual situation referred to in paragraph 1 of this Article, the Commissioner shall be provided with access to each information carrier to which this Law applies.
The body responsible for keeping records on the domicile and temporary residence of citizens and the unique personal identification number of citizens shall submit to the Commissioner, at his request, data from those records that are necessary for issuing a misdemeanor warrant and submitting a request for initiating misdemeanor proceedings.
Legal Remedy against Commissioner's Ruling
Article 27
An administrative dispute may be instituted against a ruling of the Commissioner.
Administrative dispute regarding realisation of the right to free access to information of public importance shall be urgent.
Legally binding character and Enforcement of the Commissioner's Ruling
Article 28
The Commissioner's rulings shall be legally binding, final and enforceable.
The administrative enforcement of rulings of the Commissioner shall be forcedly executed by the Commissioner (using a coercive measure, or a fine), in accordance with the law that regulates the general administrative procedure, unless otherwise provided by this Law.
An appeal concerning enforcement may not be lodged in the procedure of administrative enforcement of the Commissioner's ruling.
If the Commissioner is not able to execute its ruling in the manner described in the Paragraph 2 of the present Article, the Government shall, if demanded so by the Commissioner, provide assistance in the procedure of administrative enforcement of that ruling by applying measures under its competence, or by securing the enforcement of the Commissioner's rulings by direct force.
Article 28a
The Commissioner shall force the debtor – government agency to fulfill the obligations from the ruling of the Commissioner by indirect coercion, by imposing fines.
The fine shall be imposed by a ruling.
A fine shall be imposed in the range of 20,000 to 100,000 dinars and can be imposed more than once.
The imposed fine shall be enforced by the court in accordance with the law which regulates enforcement and security interest.
The fines imposed shall represent the revenue of the budget of the Republic of Serbia.
Article 28b
The Commissioner shall be authorized to submit a request for initiating misdemeanor proceedings for misdemeanors provided by this Law, when in the appeal procedure he assesses that there is a misdemeanor.
The information seeker may not submit a request for initiating misdemeanor proceedings against a government agency before the end of the complaint procedure before the Commissioner, i.e. before the end of the administrative dispute if the complaint to the Commissioner is not allowed.
In the case referred to in paragraph 2 of this Article, the information seeker shall previously address the Commissioner with a request that the Commissioner submits a request for initiating misdemeanor proceedings, i.e. address the administrative inspection, if an administrative dispute has been conducted.
If the Commissioner, i.e. the administrative inspection does not respond within eight days to the information seeker to the request referred to in paragraph 3 of this Article or answers that there are no grounds for submitting a request for initiating misdemeanor proceedings, the information seeker shall be authorized to submit a request for initiating misdemeanor proceedings himself.
If the Commissioner, i.e. the administrative inspection submits a request for initiating misdemeanor proceedings, at the request of the information seeker or on his own initiative, he shall inform the information seeker about the possible withdrawal from that request, within eight days from the day of withdrawal, in order for the information seeker to be able to continue the proceedings.
V ELECTION, STATUS AND JURISDICTION OF THE COMMISSIONER
Article 29
The office of the Commissioner shall be in Belgrade.
The Commissioner may establish offices outside his seat.
The act on the organization and systematization of the professional service of the Commissioner shall regulate the performance of work in the offices.
Article 30
The National Assembly shall by majority of votes of all people’s deputies elect the Commissioner at the proposal by the board responsible for government administration (hereinafter: the Board).
The Commissioner shall be elected for a term of eight years, without the possibility of re-election to this position.
The President of the National Assembly shall issue a public invitation to all interested persons to apply for a candidate for Commissioner (hereinafter: Public Invitation).
The Public Invitation shall be published on the same day on the website of the National Assembly and in at least one daily newspaper distributed throughout the Republic of Serbia, no later than 180 days before the expiration of the previous Commissioner's term, i.e. no later than 30 days after the decision is made to end the Commissioner’s term, in terms of Article 31 of this Law.
The application for the Public Invitation shall be submitted in writing and must contain personal name, address of domicile, contact telephone number, e-mail address and signature of the interested person, and the application shall be accompanied by a biography and evidence of fulfillment of the prescribed conditions for eligibility.
The deadline for applying to the Public Invitation shall be 30 days from the day of publishing the Public Invitation.
Within 15 days from the expiration of the deadline for application to the Public Invitation, the Board shall determine and publish on the website of the National Assembly a list of applied persons who meet the eligibility conditions accompanied by their biographies.
Within the deadline referred to in paragraph 7 of this Article, the Board shall submit an invitation to the parliamentary groups in the National Assembly to propose a candidate for Commissioner from the list of applied persons who meet the eligibility conditions.
Every parliamentary group in the National Assembly shall have the right to nominate a candidate for Commissioner to the Board.
The parliamentary group may nominate a candidate for Commissioner only after the expiration of 15 days from the day of publishing the list of applied persons who meet the eligibility conditions.
Several parliamentary groups may nominate a joint candidate for Commissioner.
Before nominating a certain candidate for the office of the Commissioner, the Board shall conduct a public interview with the candidates nominated by the parliamentary groups, at which the candidates shall be given the opportunity to express their views on the role and manner of performing the duties of the Commissioner.
The candidate who receives the vote of the majority of the total number of members of the Board shall be nominated for the office of the Commissioner.
The Committee shall submit a reasoned nomination for the election of the Commissioner to the National Assembly no later than 60 days before the expiration of the mandate of the previous Commissioner, i.e. within 90 days from the day of adoption of the decision on dismissal, i.e. on setting the date of termination of the Commissioner’s office.
A person with a recognized reputation and expertise in the field of protection and promotion of human rights shall be elected as the Commissioner.
The commissioner can be a person who meets the conditions for work in state bodies, who has graduated from the Faculty of Law and has at least ten years of work experience.
The Commissioner may neither perform another public function or professional activity nor another duty or job that could affect his autonomy and independence.
The Commissioner cannot be a member of a political party.
If the nominated candidate for Commissioner does not receive the required majority of votes of all people’s deputies, a new election procedure shall be initiated within 15 days from the day when the National Assembly did not elect the Commissioner.
Termination of the Term of Office
Article 31
The duty of the Commissioner shall be terminated:
1) By expiration of the mandate;
2) By death;
3) At personal request;
4) By loss of citizenship;
5) If his legal capacity is limited by a final court decision;
6) If he is sentenced to imprisonment for a term of at least six months;
7) By dismissal.
A duty of a Commissioner, who during his term of office becomes eligible for retirement in accordance with the law, shall terminate by expiration of his term of office.
In case of termination of Commissioner’s duty for the reasons stated in paragraph 1, item 2) to 6) of this Article, the National Assembly shall, without debate, by a vote of majority of all people’s deputies, pass a decision determining the day of termination of the Commissioner's duty.
The Commissioner shall be dismissed:
1) If he performs his duty unprofessionally or unconscientiously;
2) If he is elected, appointed or named to another public office;
3) If he starts performing duties, actions or professional activities without the consent of the state body competent for deciding on conflicts of interest in performing public functions;
4) If he becomes a member of a political party.
The procedure for dismissal of the Commissioner shall be initiated on the reasoned proposal of one third of the people’s deputies.
The Board shall determine whether there are grounds for dismissal. If it determines that there are no grounds for dismissal, the Board shall inform the National Assembly thereof. If it determines that there are reasons for dismissal, the Board shall submit a proposal for a decision on dismissal to the National Assembly.
The Commissioner has the right to address the people’s deputies at the sessions of the Board and the National Assembly, at which the proposal for his dismissal is considered.
Article 32
The Commissioner shall be autonomous and independent in performing his competences.
In performing his competences, the Commissioner shall neither demand nor receive orders and instructions from government agencies and other persons.
The Commissioner shall be entitled to a salary equal to the salary of a Supreme Court of Cassation judge, as well as to other rights on the ground of work, in conformity with law, and to the right to reimbursement of expenses incurred in connection with performing his competences.
The Commissioner shall not be called to account for the opinion he expresses, or for a proposal submitted in performing his competences, and shall not be detained, without the approval by the National Assembly, in the proceedings instituted on the ground of a criminal offence committed in the course of performing his competences.
Article 33
The Commissioner shall have a Deputy for free access to information of public importance who shall be elected by the National Assembly, by a majority vote of all people’s deputies, at the proposal of the Commissioner.
A person who meets the eligibility conditions prescribed by this Law for the office of the Commissioner may be elected as a Deputy Commissioner.
The Deputy Commissioner shall be elected for a term of eight years, without the possibility of reelection to this position.
The Deputy Commissioner shall perform the duties of the Commissioner in case of his absence or impediment, as well as in case of termination of duty for the reasons stated in Article 31 of this Law.
The office of the Deputy Commissioner shall terminate in the manner provided for the termination of the Commissioner's office.
The procedure for dismissal of the Deputy Commissioner shall be initiated on the initiative of the Commissioner also.
The Deputy Commissioner shall be entitled to a salary in the amount of 90% of the salary of the Commissioner.
Commissioner's Professional Service
Article 34
The Commissioner shall have a professional service to assist him in the performance of his competences.
The Commissioner shall issue a general act on the organization and systematization of the work of the professional service in accordance with the budget funds allocated for his work.
The Commissioner shall notify the National Assembly of the adoption of the general act referred to in paragraph 2 of this Article, within 15 days from the day of its adoption.
The Commissioner shall independently decide, in accordance with the law, on hiring employees for the professional service, guided by the need for professional and effective exercise of his jurisdiction.
The regulations governing the rights and duties of civil servants and state employees shall apply to the rights and duties of employees in the professional service of the Commissioner.
Funds for the work of the Commissioner and professional services shall be provided in the budget of the Republic of Serbia.
Competence of the Commissioner
Article 35
The Commissioner shall:
1) monitor the observance of obligations by government agencies, that are specified by the present Law, and shall inform of the matter the general public and the National Assembly;
2) initiate the enactment or the amendments of regulations for the purpose of enforcement and promotion of the rights to access to information of public importance;
3) propose to government agencies the taking of measures aimed at the advancement of their work regulated by the present Law;
4) take measures necessary for the training of employees in government agencies and for instructing the employees about their duties relating to the rights to access to information of public importance, for the purpose of an efficient implementation of the present Law;
5) decide on complaints against the rulings of government agencies that have violated the rights regulated by the present Law;
6) inform the general public about the contents of the present Law, as well as about the rights regulated by the present Law;
6a) give an opinion on draft laws and proposals of other regulations, as well as public policy documents, if they regulate issues that are important for exercising the right to access information of public importance;
7) perform other tasks, as specified by the present Law and other laws.
The Commissioner may initiate the procedure for judging constitutionality and legality of laws and other general enactmentswhich regulate issues relevant to exercising the right to access information of public importance.
Article 36
Within the three month time limit from the termination of the fiscal year, the Commissioner shall submit to the National Assembly an annual report relating to actions undertaken by government agencies in the sphere of implementation of the present Law, as well as relating to his own actions and expenditures.
In addition to the report specified in paragraph 1 of the present Article, the Commissioner, after finding it necessary, shall submit to the National Assembly other reports as well.
VI MEASURES FOR PROMOTING THE TRANSPARENCY OF WORK OF GOVERNMENT AGENCIES
Handbook for the Realisation of Rights
Article 37
The Commissioner shall publish and update, without delay, in Serbian language and in languages that, in conformity with law, are specified as official use languages, a handbook with practical instructions for an effective realisation of rights regulated by the present Law.
The handbook referred to in paragraph 1 of the present Article shall particularly include the description of the contents and scope of the rights to access to information of public importance, as well as of the modes of realisation of these rights.
It shall be a duty of the Commissioner to inform the general public, by means of the press, electronic media, Internet, public conferences and in other ways, on the contents of the handbook referred to in paragraph 1 of the present Article.
Authorised Person of the Government Agency
Article 38
The head of the government agency may appoint one or more employees (hereinafter: authorised person) to act upon the request for free access to information of public importance.
The bodies of the local self-government unit, i.e. the city municipality, may jointly appoint an authorised person to act upon requests sent to those bodies. Several notaries or public enforcers may jointly appoint an authorised person to act upon requests, from among the employees of those notaries, i.e. public enforcers.
Authorised person shall:
1) Inform the applicant about the possession of information and provide insight into the document containing the requested information, i.e. submit the information in an appropriate manner, reject the request with a ruling, provide the applicants with the necessary assistance to exercise their rights established by this Law;
2) Take measures to improve the practice of handling information carriers, the practice of maintaining information carriers, as well as the practice of their storage and security;
3) Take measures necessary to acquaint employees with their obligations regarding the rights to access information of public importance, for the purpose of effective application of this Law.
All employees of the government agency shall provide the authorised person with all necessary assistance and submit complete and accurate information necessary to act upon the request.
If the authorised person referred to in paragraph 1 of this Article has not been appointed, the head of the government agency shall act upon the request and take the measures referred to in paragraph 3, items 2) and 3) of this Article.
Duty of Making Public an Information Review
Article 39
Government Agency referred to in Article 3, item 1) to 7) of this Law shall prepare an information review, which shall contain in particular:
1) Basic data about the agency and the review itself (including working hours and information on accessibility for persons with disabilities of the facilities used by the body);
2) Organizational structure (organization chart);
3) Names, contact details and description of the functions of the heads of organizational units;
4) Description of the rules regarding the publicity of work;
5) Description of competencies, authorizations and obligations;
6) Description of actions within the competences, authorizations and obligations;
7) For collegial bodies, data on held sessions and description of the manner of decision-making;
8) Stating the regulations that the agency applies in its work and the regulations for the adoption of which it is competent;
9) Stating of strategies, programs, plans and reports adopted by the body;
10) Stating the acts from item 8) and 9) of this paragraph which are in the process of preparation by the agency;
11) List of services provided by the agency to interested persons;
12) Procedure for the provision of services referred to in item 11) of this paragraph;
13) Review of data on provided services referred to in item 11) of this paragraph;
14) Financial data (data on the budget, i.e. financial plan and sources of income);
15) Data on public procurement, including the public procurement plan and the list of concluded contracts on procurement of goods, services, works and real estate, with the values of concluded contracts, date of conclusion and duration;
16) Data on state aid (with data on the beneficiaries of subsidies and donations and their amounts);
17) Data on performed inspections and audits of the agency's operations;
18) Data on paid salaries, wages and other income, including data on salaries of management bodies, i.e. management and heads of organizational units;
19) Data on the tools for work and facilities that the body owns, i.e. uses;
20) Storage of information carriers;
21) Types of information in possession, including the content of databases and registers managed by the agency;
22) Types of information to which the government agency allows access;
23) List of the most frequently requested information of public importance;
24) Instructions on how to submit the request, with the addresses for receiving mail and e-mail and data on the deadlines for acting upon the request, the right to a legal remedy and the person competent to act upon the request.
The information review shall be made in electronic and machine-readable form, and shall be published through a united information system dedicated to information reviews, which shall be governed and maintained by the Commissioner, in accordance with the instructions of the Commissioner referred to in Article 40 of this Law.
A machine-readable form shall represent a form of electronically stored record structured so that a software application can easily identify, recognize, and extract certain data from it, including individual data and their internal structure.
The government agency shall regularly check the accuracy and completeness of the data published in the information review and, no later than 30 days after the change occurs, update the review by making appropriate changes.
In case the government agency fails to prepare and update the information review on its work, in accordance with the provisions of this Law, the Commissioner shall be authorized to submit a request for initiating misdemeanor proceedings for misdemeanor referred to in Article 46, paragraph 1 item 6) of this Law.
Instruction for Making and Making Public the Information Review
Article 40
The Commissioner shall issue an instruction for making and making public the information review referred to in Article 39 of the present Law, and shall give advice, at the request by government agency, for the purpose of orderly, complete and timely fulfillment of the duty of making public the information review.
Maintaining the Instruments Containing Information
Article 41
The government agency shall maintain the instruments containing information, so as to make possible the realisation of the right to access to information of public importance, in conformity with the present Law.
Article 42
For the sake of efficient implementation of the present Law, the government agency shall carry out the training of the employees, and shall inform the employees about their duties relating to the rights regulated by the present Law.
The training of the employees referred to in paragraph 1 of the present Article shall particularly include: the contents, the scope and the significance or rights to access to information of public importance, the procedure of realisation of these rights, the way of treatment of instruments containing information, their maintenance and keeping safe, as well as the kinds of data the government agency is obliged to make public.
Submitting Reports to the Commissioner
Article 43
A government agency, by 31st January of the current year, for the previous year, shall submit an annual report to the Commissioner, relating to actions of that agency, undertaken for the purpose of implementing the present Law, that shall contain data on the:
1) number of requests submitted, number of completely or partially admitted requests, as well as the number of rejected and refused requests;
2) number and contents of complaints against the rulings rejecting or refusing a request;
3) total amount of fees collected on the ground of realisation of the rights to access to information of public importance;
4) measures taken in relation to the duty of preparing and updating the information review;
5) measures taken in relation to maintenance of instruments containing information;
6) measures taken in relation to training of the employees;
6a) head of the government agency and the authorised person;
6b) number of submitted requests related to information on public health or environmental protection referred to in Article 16, paragraph 2 of this Law;
6c) number of submitted requests related to information on the disposal of public funds;
6d) number of submitted requests related to information within the competence of that government agency.
The data referred to in Paragraph 1, Items 1) to 3) of this Article shall be presented in the aggregate and separately for applicants in following categories: citizens, media, associations, political parties, government agencies and other applicants.
The Commissioner shall prescribe in detail the form and manner of submitting the report referred to in paragraph 1 of this Article.
In case the government agency fails to submit the annual report referred to in paragraph 1 of this Article to the Commissioner, the Commissioner shall be authorized to submit a request for initiating misdemeanor proceedings for the misdemeanor referred to in Article 46, paragraph 1, item 9) of this Law.
Article 44
A government agency shall be liable for damage caused by the fact that a media outlet was unable to publish a piece of information, because being unjustly denied or restricted by it, the access to information of public importance, specified in Article 5 of the present Law, and/or by the fact that a journalist or a media outlet was placed in a more favorable position contrary to the provision of Article 7 of the present Law.
Article 45
The supervision over enforcement of the present Law shall be exercised by the ministry responsible for administrative affairs.
Inspection supervision over inforcement of the present law shall be performed by the ministry responsible for administrative affairs through administrative inspection.
Article 46
A fine of 20,000 to 100,000 dinars shall be imposed on the head of a government agency for a misdemeanor if the public agency:
1) Does not disclose, i.e. does not provide insight into the true and complete information, while at the same time it disputes the truthfulness and completeness of the published information (Article 11);
2) Refuses to accept the request of the applicant (Article 15, paragraph 1);
3) Does not keep particular records of oral requests (Article 15, paragraph 7);
4) Does not allow the Commissioner access to the information carrier (Article 26, paragraph 2);
5) Does not act upon the ruling of the Commissioner (Article 28, paragraph 1);
6) Fails to prepare and update the information review on its work (Article 39);
7) Does not maintain the information carrier in accordance with this Law (Article 41);
8) Fails to conduct training of employees and acquaint employees with their obligations in relation to the rights established by this Law (Article 42);
9) Fails to submit an annual report to the Commissioner on the actions of that agency, undertaken for the purpose of application of this Law, with the prescribed data (Article 43);
10) Prevents the administrative inspector from performing inspection and fails to execute the decision of the administrative inspector (Article 45, paragraph 2).
A fine of 20,000 to 100,000 dinars shall be imposed on an authorised person of a government agency for a misdemeanor if he:
1) Conditions access to information by proving a justified or other interest (Article 4);
2) Acts contrary to the principle of equality (Article 6);
3) Discriminates against a journalist or a public media (Article 7);
4) Does not mark the information carrier, where and when the requested information was published (Article 10, paragraph 2);
5) Submits incomplete or inaccurate information upon request (Article 16);
6) Conditions access to information by payment of costs in the amount higher than prescribed (Article 17);
7) Does not issue information in the requested form despite having the technical possibilities to do so (Article 18, paragraphs 2 and 3);
8) Without grounds refuses to issue a copy of the document with information in the language in which the request was submitted (Article 18, paragraph 4);
9) In any other way, contrary to the provisions of this Law, prevents the exercise of the right to free access to information of public importance (Article 22, paragraph 1, item 6).
A fine of 20,000 to 100,000 dinars shall be imposed on an employee of a government agency for a misdemeanor if he fails to submit to the authorised person the information necessary to act upon the request, i.e. if he submits incomplete or inaccurate information (Article 38, paragraph 4).
Authorised person who followed an order of the head of the government agency and undertook all actions that he was obliged to take on the basis of a law, other regulation or act in order to prevent the commission of the misdemeanor shall not be responsible for the misdemeanor.
If an authorized person has not been appointed, the head of the government agency shall be responsible for the misdemeanors referred to in paragraph 2 of this Article.
Article 47
A fine in the amount of 30,000 dinars shall be imposed on the authorised person, i.e. the head of the agency, if he does not act upon the request in accordance with the deadlines referred to in Article 16 of this Law (silence of the administration).
Article 48
(Deleted)
Article 49
Government agencies shall nominate the authorised persons responsible for proceeding with the requests for free access to information of public importance, within 30 days from the day of coming into force of the present Law.
The National Assembly shall elect the Commissioner within 45 days from coming into force of the present Law.
Article 50
The present Law shall come into force on the eighth day from the day of publication in the "Official Herald of the Republic of Serbia".
Independent Articles of the Law on Amending the
Law on Free Access to Information of Public Importance
("Official Herald of the Republic of Serbia", No. 54/2007)
Article 5
If the same person is re-elected for the Commissioner or Deputy Commissioner before his/her mandate terminates, his/her mandate shall terminate upon expiration of seven years starting from the day of the first election and he/she may be re-elected one more time.
Article 6
The present Law shall come into force on the eighth day from the day of publication in the "Official Herald of the Republic of Serbia".
Independent Articles of the Law on Amending the
Law on Free Access to Information of Public Importance
("Official Herald of the Republic of Serbia", No. 104/2009)
Article 16
The Legislative Committee of the National Assembly is given a mandate to establish the revised text of the Law on Free Access to Information of Public Importance.
Article 17
The present law shall come into force on the eight day from the day of publication in the "Official Herald of the Republic of Serbia".
Independent Articles of the Law on Amendments and Supplements to the Law on Free Access to Information of Public Importance
("Official Herald of the Republic of Serbia", No. 105/2021)
FINAL AND TRANSITIONAL PROVISIONS
Article 30
Procedures for exercising the right to access information of public importance, started before the beginning of the application of this Law, shall be completed according to the provisions of the Law on Free Access to Information of Public Importance "Official Herald of RS", No. 120/04, 54/07, 104/09 and 36/10).
Article 31
Within 60 days from the day this Law enters into force, the Commissioner shall issue a new handbook referred to in Article 37 of the Law on Free Access to Information of Public Importance ("Official Herald of RS", No. 120/04, 54/07, 104/09 and 36/10) and a new instruction for making and publishing the information review from Article 40 of the Law on Free Access to Information of Public Importance ("Official Herald of RS", No. 120/04, 54/07, 104/09 and 36/10), as well as prescribe and publish the report form referred to in Article 26 of this Law (amended and supplemented Article 43 of the Law).
Article 32
Government agencies that in accordance with Article 24 of this Law (amended Article 39 of the Law) have the obligation to prepare the information review, shall prepare the information reviews in accordance with the provisions of that Article 24 within one year from the day this Law enters into force.
The annual report for 2021 shall be submitted by the government agencies referred to in Article 2 of this Law (amended Article 3 of the Law) in accordance with the provisions of Article 43 of the Law on Free Access to Information of Public Importance ("Official Herald of RS", No. 120/04, 54/07, 104/09 and 36/10).
Article 33
The Commissioner and the Deputy Commissioner elected in accordance with the Law on Free Access to Information of Public Importance ("Official Herald of RS", No. 120/04, 54/07, 104/09 and 36/10) shall continue to perform their duties until the expiration of the term of office to which they have been elected.
Article 34
This Law shall enter into force on the eighth day from the day of its publication in the "Official Herald of the Republic of Serbia", and shall begin to apply after the expiration of three months from the day of its entry into force.