Analysis of the Montenegrin draft Access to Information Law with regard to the provisions of the Public Information Law and the international Standards for the freedom of information
The Constitution of Republic of Montenegro
Therefore we may conclude that the enactment of access to information legislation is not explicitly provided in the Constitution of the Republic and subsequent difficulties in passing such a law are a probability.
Public Information Act
The right to search for information
The right to access information
So far there seems to exist no enforceable legal framework for the access to information in Montenegro. According to the Free Access Information-Montenegro (brochure, Podgorica, April, 2001) other provisions also exist, scattered in the legislation.
Therefore, there is acute need for passing an Access to Information Law in Montenegro. There are no constitutional provisions to enshrine the right to access information and tha law on Public Information deals more with the media and the right expression rather than the right to access information held in the Government bodies.
The Draft Access to Information Law
Principle 1. Maximum Disclosure
The reviewed draft recognizes this principle in art. 3 (Basic principles). The translation of this principle could be found also in art. 5,6 (1). This principle also is connected to the definitions of "information" and "public bodies" that need to be defined as broadly as possible. The definition in the reviewed law meets this requirement.
Principle 2. Obligation to publish
Principle 3. Promotion of Open Government
Principle 4. Limited Scope of Exceptions
Principle 5. Processes to Facilitate Access
Principle 6. Costs
Principle 7. Open meetings
Principle 8. Disclosure takes precedence
Principle 9. Protection for whistleblowers
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English Version Last Update:10.12.2001 © 1999 Copyright by Interia & AIP