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2007 Assessment

Bulgaria: Integrity Indicators Scorecard

Bulgaria: Integrity Scorecard Report > Sub-Category: Public Access to Information
Indicators		Score
12	Do citizens have a legal right of access to information?	100
13	Is the right of access to information effective?	80

Indicator and sub-Indicator Details

Do citizens have a legal right of access to information?

12a: In law, citizens have a right of access to government information and basic government records.

Score:

YES

Comments:

References: Law on the Access of Information

12b: In law, citizens have a right of appeal if access to a basic government record is denied.

Score:

YES

Comments: Refusals are to be appealed before administrative courts or the Supreme Administrative Court, depending on which body has refused access to the document.

References: Freedom of Information/Access of Information Act, Arts. 40-4 [ LINK ]

12c: In law, there is an established institutional mechanism through which citizens can request government records.

Score:

YES

Comments: The law describes in three sections and more than a dozen articles a detailed procedure for gaining access to different types of government information. Some of it must be published, while other requires a request from a citizen. There are specific deadlines for when the institutions must provide an answer, among other things.

References: Law on the Access of Information [ LINK ]

Sections IV and V.

Is the right of access to information effective?

13a: In practice, citizens receive responses to access to information requests within a reasonable time period.

Score:

100

Comments: By law, responses should be given within two weeks. Sometimes there are delays.

References: The study of the Action to Information Program (Bulgaria), [ LINK ]

Peer Review Comments: Normally, the institutions reply on time, even with a negative response.

13b: In practice, citizens can use the access to information mechanism at a reasonable cost.

Score:

100

Comments: Costs are not high, and they relate mainly to paper, printing, copying, etc. This is regulated by law.

References: The Law on the Access to Public Information, Chapter III

13c: In practice, citizens can resolve appeals to access to information requests within a reasonable time period.

Score:

100

Comments: Judicial proceedings in Bulgaria are generally not very fast.

References: Studies of CLS Sofia

The study of the Access to Information Program in Bulgaria, [ LINK ]

13d: In practice, citizens can resolve appeals to information requests at a reasonable cost.

Score:

100

Comments: Judicial proceedings in Bulgaria, especially in the administrative law area concerning the access to information are inexpensive.

References: Judicial proceedings in Bulgaria, especially in the administrative law area concerning the access to information are inexpensive.

13e: In practice, the government gives reasons for denying an information request.

Score:

100

Comments: Giving reasons is required by law, although sometimes the cited reasons might be uninformative.

References: [ LINK ]

Peer Review Comments: In some cases, citizens do not receive any answer to their request for information. In other cases, the denials are reasoned with nonexistent clauses of the Law on Classified Information.