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07 October 2008

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Transparency Prepares Amendments to the Law on Free Access to Information

Transparency Macedonia, one of the initiators of the Law on Free Access to Information that actually prepared the first draft, is satisfied that the Law finally entered the parliamentary procedure.

Transparency Macedonia's Zoran Jacev
Transparency Macedonia's Zoran Jacev
However, the organization also expressed its dissatisfaction with the fact that the final Draft-Law lists numerous defects and lacks provisions to secure the existence of an independent Commission to protect the right to access to information and guarantee the proper implementation of the Law.

Transparency also finds it questionable that the appeals process was transferred to the Supreme Court, which would mean a much slower procedure, ultimately impeding on the Constitutional right of free access to information; that the Law does not provide for another institution that would take over the Commission’s competences regarding the training of administration.

Finally, the Law doesn’t provide protection for the “whistleblowers”, i.e. persons privy to classified information that may decide to release such information to the public with the aim to protect the public interest.

For these and other reasons (for instance, the lack on legal provisions on financing of activities under this Law), Transparency prepared and submitted eight amendments to the proposed text, demanding that the implementing competences are taken away from the Ministry of Justice with a proper Commission; protection of “whistleblowers”; exact budgetary support for implementation of the Law.

Transparency believes that the Law, if adopted in its current form, shall prove difficult to implement.




 
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