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2009 Assessment

Kosovo: Integrity Indicators Scorecard

Kosovo: Integrity Scorecard Report > Sub-Category: Public Access to Information
Indicators		Score
12	Do citizens have a legal right of access to information?	67
13	Is the right of access to information effective?	58

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 No. 2003/12 Law on Access to official documents

3.1 Any habitual resident of Kosovo or any person who meets eligibility requirements for registration as a habitual resident of Kosovo, and any natural or legal person residing or having their registered office in Kosovo, has the access to documents of the intuitions, subject to principles, conditions and limits defined in this law.

www.kuvendikosoves.org

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

Score:

YES

Comments:

References: Law No. 2003/12 Law on Access to official documents

7.1. A confirmatory application shall be handled promptly. Within 15 working days from registration of such an application, the institution shall either grant access to the document requested and provide access in accordance with section 9 within that period or, in a written reply, state the reasons for the total or partial refusal. In the event of a total or partial refusal, the institution shall inform the applicant of the remedies open to him or her, namely instituting court proceedings against the institution pursuant to the provisions of the relevant applicable law and/or filing a complaint with the ombudsperson pursuant to chapter 10 of the constitutional framework and UNMIK regulation No. 2000/38.

www.kuvendikosoves.org

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

Score:

YES

Comments:

References: No. In law there are no mechanisms through which citizens can request government records.

LAW NO. 2003 / 12 LAW ON ACCESS TO OFFICIAL DOCUMENTS

II. PROCESSING OF APPLICATIONS

Section 5

Applications

5.1. Applications for access to a document shall be made in any written form, including electronic form, and in a sufficiently precise manner to enable the institution to identify the document. The applicant is not obliged to state reasons for the application.

[ LINK ]

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:

References: Freelance journalist who wishes to remain anonymous (works for different electronic and printed media), August 1, 2009, Prishtina

The Kosovo Assembly has approved the Law on Access in Official Documents. It is very ambiguous, and citizens find themselves confused when they face a rejection of their requests.

Migjen Kelmendi, Owner of JAVA Multimedia Production, September 26, 2009, Prishtina

Not always.

Peer Review Comments: No always. There are cases when citizens do not have access at all or when they have to wait for a long time.

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

Score:

100

Comments:

References: Freelance journalist who wishes to remain anonymous (works for different electronic and printed media), August 1, 2009, Prishtina

We do not pay for information. It is free of charge.

Migjen Kelmendi, Owner of JAVA Multimedia Production, September 26, 2009, Prishtina

Free of charge.

13c: In practice, responses to information requests are of high quality.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Responses to information requests typically address the requestor\'s questions in full and are not redacted or edited to remove sensitive information. <p>50 Score Criteria: Information requests are sometimes met with sufficient responses, but responses to information requests may be vague or overly general when sensitive information is sought. <p>0 Score Criteria: The government rarely or never replies to information requests with meaningful responses. If and when responses are issued, they are so overly general or heavily redacted as to render them useless.$

Comments:

References: Freelance journalist who wishes to remain anonymous (works for different electronic and printed media), August 1, 2009, Prishtina

It depends on the case, when it is a sensitive case as for money or any tender, it is not such a high quality.

Migjen Kelmendi, Owner of JAVA Multimedia Production, September 26, 2009, Prishtina

Not at all.

Peer Review Comments: Not always.

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

Score:

100

Comments:

References: Freelance journalist who wishes to remain anonymous (works for different electronic and printed media), August 1, 2009, Prishtina

It is the same, even if they appeal, still it takes more than 15 days to get an answer, or they do not answer at all.

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

Score:

100

Comments:

References: Freelance journalist who wishes to remain anonymous (works for different electronic and printed media), August 1, 2009, Prishtina

There is no need to pay.

Migjen Kelmendi, Owner of JAVA Multimedia Production, September 26, 2009, Prishtina

No need to pay

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

Score:

100

Comments:

References: Perparim Isufi, freelance journalist (works for different electronic and printed media), August 1, 2009, Prishtina

Not always.

Migjen Kelmendi, Owner of JAVA Multimedia Production, September 26, 2009, Prishtina

Only sometimes.

Peer Review Comments: Not always. It can happen that they do not give any reason at all.