Other

From the aspect of the Law on Free Access to Information of Public Importance ("Official Gazette of RS", Nos. 120/04, 54/07, 104/09 and 36/10), the duty to publish information booklets is applied to all public authorities having the status of a public authority within the meaning of Article 3, paragraph 1, item 1 of this Law (government authority, territorial autonomy authority, local self-government authority and organizations vested with public powers). The manner of preparation and publication of the information booklet on operations of a public authority is regulated in detail by the Instructions for Preparation and Publication of Information Booklets on Operations of Public Authorities ("Official Gazette of RS", No. 68/10), published by the Commissioner in accordance with his powers referred to in Article 40 of the Law.

Thus, whether the health facility "POZAREVAC PHARMACY" has a legal duty to prepare its information booklet in accordance with the Law on Free Access to Information of Public Importance depends exclusively on the fact whether that health facility is vested with public powers by the law regulating health care activity or by other law. To the Commissioner's knowledge, pharmacies are not vested with such public powers, but any possible dilemma in that regard should be clarified in consultation with the competent line ministry.

As regards publishing of the information booklet, it should be also taken into account that the Law on the Budget System ("Official Gazette of RS", Nos. 54/09, 73/10, 101/10,101/11 and 93/12), or more precisely the most recent amendments to that Law adopted in 2012, in Article 8 stipulates that all public funds beneficiaries are subject to the duty to publish information booklets. Since the Commissioner is not competent to give opinions on application of that Law, such opinion should be requested from the ministry responsible for finance as its processor.

Of course, from the aspect of exercise of the right to free access to information of public importance, it is necessary and useful that as many as possible information booklets of all public authorities are published on an proactive basis, regardless of the fact whether a formal legal duty to do so has been introduced by the Law on Free Access to Information. Indeed, the Commissioner has initiated amendments to this Law which would make more public authorities subject to the duty to publish information booklets.

From the Commissioner's reply No. 021-00-00012/2013-02 of 13 March 2013.

According to the provisions of Article 38, paragraph 1 of the Law on Free Access to Information of Public Importance ("Official Gazette of RS", Nos. 120/04, 54/07, 104/09 and 36/10), a responsible person of a public authority designates one or more officials (the so-called authorized persons) to respond to requests for free access to information of public importance. The same article stipulates the duties of these persons. Paragraph 3 of this Article sets out that if an authorized person is not designated, a responsible person of a public authority is competent to respond to requests.

Transitional provisions of this Law in Article 49, paragraph 1 stipulate the deadline of 30 days of the date when this Law comes into force to implement this provision. In this Article, the term "appointment" of this/these person(s) is indeed used, although it is actually not an appointment, but designation of an authorized person, which is obvious from the quoted Article 38 of the Law, since those are not office holders. This does not mean that a person who is appointed to an office in a municipality in accordance with the regulations on local self-government cannot be designated as an authorized person. Since according to the Law on Local Self-Government a municipality has multiple government bodies within the meaning of Article 3 the Law on Free Access to Information of Public Importance, nothing is preventing from designating one authorized person to respond to requests to access information for all municipal government bodies (municipal assembly, municipal council, president of a municipality, municipal administration). In practice, authorized persons are mainly heads of municipal administrations.

From the Commissioner's reply No. 011-00-00174/2013-03 of 8 March 2013

The obligation to prepare and publish the information bulletin within the meaning of Article 39 of the Law on Free Access to Information of Public Importance ("Official gazette of the RS" no.120/04) is prescribed for public authorities within the meaning of this Law. Under Article 3, paragraph 1, sub-paragraph 1) of the Law they include: government authorities, territorial autonomy authorities, self-government authorities and organisations vested with public authority.

Under Article 25 of the Law on Local Self-Government ("Official Gazette of the RS" no. 9/02, 33/04 and 135/04), the bodies of the municipality, as the self-government unit are: municipal assembly, mayor and municipal council. Under Article 21 of the same Law, the provisions referring to the municipality, shall apply to the city, unless otherwise provided by the law.

On the basis of the above provisions, the obligation to prepare an activity information bulletin prescribed by the Law on Free Access to Information of Public Importance for local self-government bodies, i.e. municipalities or the corresponding city bodies (which, within the meaning of this law are considered to be government authorities), refers to the bodies of local self-government: city municipality, mayor and city council.

Within this meaning, there is no special obligation of these authorities to prepare their own information bulletins. However, since this obligation refers to the mayor, who, by the virtue of his office, directs and harmonises the operations of the municipal administration and ensures that the delegated activities and decisions of the municipal assembly are implemented, the information on the activities of the city administration must be contained either in a joint or separate or separate information bulletin, which is an organisational or technical issue.

If, under the Charter of the City of Niš, the Directorate for Child and Social Welfare and Primary Health Care is a separate city administration body, within the meaning of the Law on Free Access to Information of Public Importance, it is a separate public authority which is obligated to act upon the requests for access to information.

(The answer is contained in the letter sent to an aplicant, no. 011-00-5/2006-03 of 09.03.2006.)

The obligation of producing Information Booklet on Work under the Art. 39 of the Law on Free Access to Information of Public Importance, laid down for the authorities under the Art. 3, section 1, subsection 1 of this Law.

The government bodies referred to under the Art. 3, section 1, subsection 1 of the Law on Free Access to Information of Public Importance ("Official Gazette of the RS" No. 120/04), within the meaning of this Law, are the government authorities, local self-government bodies and organisations, empowered to execute public competences.

In our legal system, vesting of the public competences in our legal system is performed exclusively by the Law.

Under the Art. 2 of the Law on Public Utility Service ("Official Gazette of the RS" no. 16/97 and 42/98), municipality, city, i.e. the City of Belgrade regulate and provide conditions for carrying out of public utility service operations and their development.

According to the Law on Local Self-Governance ("Official Gazette of the RS", No. 9/02, 33/04 and 135/04), regulation and providing of carrying out public utility service  and their development are operations which originally fall within the scope of activities of the municipality, and are not regarded as vested operations.

On the basis of the mentioned afore derives, that Public Utility Enterprise is not a government body within the meaning of the Art. 3, section 1, subsection 1 of the Law on Free Access to Information of Public Importance, and that it does not have a statutory obligation to publish Information Booklet on Work under the Art. 39 of that Law.

Certainly, it does not imply that the said enterprise, as public authority body within the meaning of the Law on Free Access to Information of Public Importance, should not, for the purpose of providing information to the public, i.e. customers of its services, release as much information as possible on its work, especially on the procedures for deciding rights and obligations of citizens and legal entities, as customers of the utility services, and all other information the public has got importance to know.

(The answer is contained in the letter sent to a government body, no. 011-00-21/2005-03 of 19.12.2005.)

With respect of possibility of discharging public authorities from the duty to forward to the enquirer information, which, according to a certain regulation is already being forwarded to competent bodies which perform supervision, regular control and take appropriate measures, the Law on Free Access to Information of public importance does not envisage the possibility of exclusion or restriction of access to information for that reason only.

(The answer is contained in the letter sent to a government body, no. 011-00-18/2005-01 of 25.11.2005.)