Towards Proactive Transparency in Bosnia and Herzegovina
Towards Proactive Transparency in Bosnia and Herzegovina

Author(s): Not Specified Author
Subject(s): Information Architecture, Public Administration, Public Law, Corruption - Transparency - Anti-Corruption
Published by: Analitika – Centar za društvena istraživanja, sva prava pridržana
Keywords: BiH; transparency; legislation; access to information; international standards;
Summary/Abstract: Freedom of access to information (FOI) laws in BiH should be changed. That is confirmed by numerous analyses and discussions, which have for years indicated the shortcomings of the current state and entity-level laws. Inter alia, in cases when a relevant public body refuses access to information, the appeal process is not sufficiently defined by law. Although freedom of information laws are applied as lex specialis, many laws which were later adopted in practice limited access to information. The public interest test, foreseen by all three acts, is arbitrarily applied in practice, while the access to information is often baselessly refused, using legally defined exceptions as reasons for refusal. Meanwhile, a procedure for amending the existing state law, which was started in early 2013, actualized the discussion about the need for achieving a balance in existing laws between the right to access information and the right to privacy, in accordance with international standards.

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