The civil society organization Partners for Democratic Change Serbia (Partners Serbia) addresses the Government of the Republic of Serbia and the National Assembly with an initiative to halt the process of adopting amendments to the Law on Free Access to Information of Public Importance, considering that the proposed solutions do not address numerous issues identified in the implementation of the Law and raised by civil society, public authorities—obligors under the law, the legal profession, journalists, and others during the public debate process.

We also emphasize that the Draft Law on Amendments to the Law on Free Access to Information of Public Importance was adopted by the outgoing Government on February 13, 2025, raising questions about the legitimacy of the entire process.

The process of amending the Law on Free Access to Information of Public Importance was completed with the adoption of the Draft Law on Amendments on February 13, 2025.

However, the final version of the Draft Law submitted to the Government for adoption was not published on the website of the Ministry of Public Administration and Local Self-Government, nor was the adopted Draft Law published on the website of the Government of the Republic of Serbia. The official website of the Government of the Republic of Serbia states that during the Government session held on February 13, 2024, the Draft Law on Amendments to the Law on Free Access to Information was adopted, but it was not published in the section of the website dedicated to adopted acts.[1]

The Draft Law on Amendments to the Law on Free Access to Information of Public Importance was published today, February 14, 2024, on the website of the National Assembly.[2] 

We recall that the Ministry of Public Administration and Local Self-Government (MPALSG) organized two processes for public participation: public consultations held from October 29 to November 6, 2024, [3] as well as a public debate that lasted from December 4 to December 23, 2024.[4]

Both processes allowed for the submission of comments and proposals via electronic channels, and during the public debate, two events were held in Niš and Belgrade.

Numerous comments and proposals were submitted during both processes by civil society organizations, public authorities as obligors under the law, lawyers, journalists, and journalistic associations, as well as individuals. The majority of submitted comments and proposals were not considered, with the argument that they went beyond the scope of the amendments to the Law.

An analysis of the reports prepared by MPALSG for both processes shows that the most significant change compared to the initial Draft text was the removal of the provision that would have reintroduced the institute of abuse of rights as a basis for refusing to provide information. The institute of abuse of rights was previously part of the Law on Free Access to Information of Public Importance until 2022 and allowed public authorities to deny access to information on the grounds that the requester was abusing the right to access.

This provision was removed during the 2021 amendments to the Law due to frequent abuses by public authorities, which excessively and unlawfully used this institute. Civil society organizations and other participants in the public debate pointed out that this provision should be completely deleted due to its arbitrary application and high potential for misuse. In the report on the public debate, MPALSG stated that comments on this provision were accepted and that it was removed from the Draft Law.

We welcome the fact that the proposer of the amendments has acknowledged the positions of public debate participants and abandoned this proposal. However, many other issues related to the implementation of the Law on Free Access to Information of Public Importance remain unaddressed in the proposed amendments.

Partners Serbia, as part of the Coalition for Freedom of Access to Information, has repeatedly pointed out during this process that the problem of mass complaints and lawsuits is not solely related to the area of access to information but requires a systemic approach to be resolved. It has been particularly emphasized that greater efforts are needed to include all relevant stakeholders in the dialogue, including the Commissioner, the Government, various law obligors, bar associations, civil society, journalists, and journalistic organizations, to collectively identify all problems in the implementation of the Law and develop sustainable solutions. Without understanding the positions of all actors, any amendment to the Law will be challenged by those whose voices were not heard during the public debate.

An analysis of the comments and proposals from the reports on consultations and the public debate indicates that numerous issues in the implementation of the Law remain unresolved through the proposed amendments. For example, it is unclear why the working group for amending the Law included the issue of the mandate of the Commissioner and their deputy, given that the stated purpose of the amendments was to "legally address the problem of abuse of requests, which poses a significant problem for citizens, public authorities, and the courts."

Although Partners Serbia and other process participants repeatedly highlighted other key deficiencies of the Law that negatively impact citizens' right to access information, these issues were not considered in the amendment process.

Some of the most important long-standing issues include non-enforcement of the Commissioner's decisions, the problem of ineffective inspection oversight, and the difficulty of accessing information about the work of public authorities over which the Commissioner has no jurisdiction in the appeals process. It is particularly emphasized that the amendments to the Law present an opportunity to implement GRECO recommendations from the fifth evaluation round—specifically the part related to the executive branch. This document states that the highest executive authorities should be placed under the jurisdiction of the Commissioner, meaning that the right to appeal should be allowed even when information is denied by the President of the Republic or the Government of Serbia.[5]

Additionally, during the public debate, the need to improve the position of persons handling requests for access to information was highlighted, including improving their material status. The issue of small public authorities lacking the capacity to process requests was also not recognized, nor were measures proposed to help address this problem.

Even more importantly, representatives of law obligors pointed out during the public debate the problem of misdemeanor liability for persons responsible for processing requests for free access to information, which resulted from the 2021 amendments to the Law. Instead of the head of the authority bearing misdemeanor liability, the employees handling the requests are held responsible. One of the comments from the public debate report states: "Being the person responsible for handling requests for free access to information of public importance is unpopular due to the high responsibility, yet without actual influence on decision-making." In practice, the process depends on the head of the authority, while employees have no real power to influence decisions.

MPALSG, as stated in the report, acknowledges that this problem exists: "We agree with the observation regarding the issues with the position of authorized persons, and it is necessary to consider options for assistance in some of the future public policy documents."

MPALSG’s response suggests that this issue can be resolved through other public policy documents, which is incorrect. The issue of misdemeanor liability is subject to the Law on Free Access to Information of Public Importance and should have been addressed in these amendments.

Equally important, public debate participants pointed out the inefficiency of misdemeanor proceedings, emphasizing the need to extend the statute of limitations for offenses in this area.

For all the above reasons, we believe that the process of amending the Law on Free Access to Information of Public Importance should address all issues identified in the implementation of the Law.

It is necessary to conduct a detailed analysis of all proposals and comments submitted during public consultations and the public debate and to comprehensively amend the Law to resolve all identified issues. Partial amendments will not be sufficient to improve the state of access to information or achieve legal certainty; therefore, we call on the Government of Serbia and the National Assembly to halt the adoption process of the Law.

[1] Government of the Republic of Serbia, Amendments to the Regulation on Coefficients for Salary Calculation of Employees in Public Services Adopted: https://www.srbija.gov.rs/vest/858835/usvojene-dopune-uredbe-o-koeficijentima-za-obracun-plata-zaposlenih-u-javnim-sluzbama.php
Documents adopted at the 63rd session of the Government of the Republic of Serbia, February 13, 2025: https://www.srbija.gov.rs/prikaz/858781

[2] National Assembly, Laws in Procedure: http://www.parlament.gov.rs/upload/archive/files/cir/pdf/predlozi_zakona/14_saziv/282-25.pdf

[3] Ministry of Public Administration and Local Self-Government, Notification on Completed Public Consultations in the Process of Preparing the Draft Law on Amendments to the Law on Free Access to Information of Public Importance: https://mduls.gov.rs/javne-rasprave-i-konsultacije/obavestenje-o-zavrsenim-javnim-konsultacijama-u-postupku-pripreme-nacrta-zakona-o-izmenama-i-dopunama-zakona-o-slobodnom-pristupu-informacijama-od-javnog-znacaja/

[4] Ministry of Public Administration and Local Self-Government, Public Call for Participation in the Public Debate on the Draft Law on Amendments to the Law on Free Access to Information of Public Importance: https://mduls.gov.rs/javne-rasprave-i-konsultacije/javni-poziv-za-ucesce-u-javnoj-raspravi-o-nacrtu-zakona-o-izmenama-i-dopunama-zakona-o-slobodnom-pristupu-informacijama-od-javnog-znacaja/?script=lat

[5] Comments and Proposals from Partners Serbia and Other Organizations in the Coalition for the Freedom of Access to Information of Public Importance are available here: https://www.partners-serbia.org//public/news/Obrazac_za_predloge-_Nacrt_ZoSPIJZ,_Koalicija_za_slobodu_pristupa_informacijama.pdf