Trustee: Port ultimatum “unconstitutional”

The ultimatum sent by the Belgrade Port to the Anti-Corruption Council is “unconstitutional and illegal,” says Public Information Trustee Rodoljub Šabić.

Izvor: Beta

Thursday, 28.05.2009.

13:13

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The ultimatum sent by the Belgrade Port to the Anti-Corruption Council is “unconstitutional and illegal,” says Public Information Trustee Rodoljub Sabic. “Such ultimatums, especially if followed by any kind of unpleasantness, and in specific and any other cases, impair the functioning of government bodies and undermine the implementation of the Constitution and laws protecting the rights of citizens,” warned the trustee for information of public importance. Trustee: Port ultimatum “unconstitutional” He said that the Constitution guaranteed everyone the right to access to information in the hands of state institutions. Sabic said that the Law on Free Access to Information foresaw that “information of public importance is all information created during the work or in relation to the work of the public authorities, located in a certain document, and pertains to everything that the public has a justified interest in knowing about.” He also explained that, under the law, justified public interest always existed, unless the authorities proved otherwise. “These legal provisions relate to documents such as letters from the Anti-Corruption Council sent to senior state officials, or such as the Memorandum concluded between the City of Belgrade and the Port of Belgrade. That means that the Council was not only entitled, but also obliged, to make them available to the public at anyone’s request,” Sabic said. “Anyone that does not agree with the interpretation, views and appraisals of the Council or any other state body, can respond, but they are not entitled to ask the authorities to withhold public information it has come by through its work,” he stressed. The Anti-Corruption Council stated that Port of Belgrade officials had asked it to remove from its website documents pertaining to the company. Rodoljub Sabic (FoNet, archive)

Trustee: Port ultimatum “unconstitutional”

He said that the Constitution guaranteed everyone the right to access to information in the hands of state institutions.

Šabić said that the Law on Free Access to Information foresaw that “information of public importance is all information created during the work or in relation to the work of the public authorities, located in a certain document, and pertains to everything that the public has a justified interest in knowing about.”

He also explained that, under the law, justified public interest always existed, unless the authorities proved otherwise.

“These legal provisions relate to documents such as letters from the Anti-Corruption Council sent to senior state officials, or such as the Memorandum concluded between the City of Belgrade and the Port of Belgrade. That means that the Council was not only entitled, but also obliged, to make them available to the public at anyone’s request,” Šabić said.

“Anyone that does not agree with the interpretation, views and appraisals of the Council or any other state body, can respond, but they are not entitled to ask the authorities to withhold public information it has come by through its work,” he stressed.

The Anti-Corruption Council stated that Port of Belgrade officials had asked it to remove from its website documents pertaining to the company.

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