Проблеми на контрола, упражняван от съдилищата по Закона за достъп до обществена информация
Judicial Control According to the Law on Access to Public Information

Summary/Abstract: Two groups of hypotheses of inconsistent jurisprudence on the application of APIA were treated in the article. The first group of issues are caused by the absence of relevant legislative solution in APIA; control in the hypothesis of omission of the obligated under APIA subject at application for access to information; control in the hypothesis of notification of the applicant about the absence of the claimed public information; control over the access to public information denials in conditions of free discretion. The second group of issues are caused by the absence of unprejudiced and professional interpretation of the existing legal regulations of APIA; what are the guarantees for protection of rights to access to Public Information when the foreseen obligation of the relevant authority to draw up an act, which encompasses the scope and contents of the official secret, is not fulfilled; the claims for place of records and shorthand reports from the sessions of collective authorities ought to be taken in consideration at applicants’disposal.Proposals were made de lege ferenda on the basis of the critical analysis of the existing legislation and jurisprudence.

• Details
• Contents