In some instances, public authorities invoke the provisions of the Law on Free Access to Information of Public Importance to deny free access to information even after the Commissioner for Information of Public Importance has passed a decision to that effect. These authorities justify their actions by stating that they have filed complaints to the Supreme Court of Serbia against the Commissioner's decisions.

The Commissioner considers this to be legally incorrect action that unjustifiably hampers the exercise of the citizens' and the media's (public) rights guaranteed by the Law. In this regard, Commissioner Rodoljub Sabic stated:

“Under Article 27 of the Law on Free Access to Information of Public Importance, it is possible to institute administrative proceedings against a decision made by the Commissioner by filing a complaint to the Supreme Court. However, proper legal interpretation of this provision implies that the right to institute administrative proceedings rests with the subjects whose right was decided on. Thus administrative disputes can be instituted by unsatisfied citizens, media or other information seekers, but under no circumstances can such disputes be instituted by the authorities asked to provide relevant information.

In simple terms, the procedure for granting or rejecting the right of free access to public information is based on the provisions of the Law on General Administrative Proceedings and the public authority asked to provide information is in this case the administrative authority of first instance. And, under the provisions of the said Law and of the Law on Administrative Disputes, the administrative authority of first instance cannot at the same time be a party to an administrative dispute, i.e. it cannot act in the capacity of the complainant, in this or any other case.

This opinion of the Commissioner is supported by the legal interpretation given by the Supreme Court, which has so far dismissed all appeals lodged by first-instance authorities against the Commissioner's decisions as inadmissible. If public authorities are to have a proper attitude to the exercise of human rights guaranteed by the Law on Free Access to Information of Public Importance, they should bring their actions in compliance with the abovementioned legal facts.”