Transparency Serbia wants to point out to members of the parliament and to public that adoption of current article 28, para. 4 of the draft Law on Foreign Investments would represent dangerous precedent which could lead to gradual repealing of the Law on Free Access to Information by regulations of the other laws .
By suggested regulation it is prescribed that „ Information about investments aren't available for public , in the sense of law which regulates free access to information of public importance , without approval of foreign investor . ” Law on Free Access to Information has prescribed procedure for access to information in the possession of public authority organs , and left the possibility not to comply with the demand of person that asks for information if certain formal conditions are satisfied ( e.g. that information are by legal decision determined as confidential ). However , by our opinion besides formal it is necessary to fulfill some essential conditions ( e . g . that reasons for keeping that confidentiality still stand ), and evaluation of existence of those conditions can give Commissioner for Information of Public Importance and Supreme Court .
Drafters of the Law on Foreign Investments already determined, in the para. 3 of the same article 28 , that information that came from communication of foreign investor with republic, regional and local organs are confidential. Everything that would be over that, and especially current text of para. 4, in which by “communication of investors and authority organs” expands confidentiality to potentially far wider circle of “information about foreign investment”, would lead directly to breaking down of the Law on Free Access to Information, being basic in this area, but also to easier suppressing of corruption. Because of that, Transparency Serbia considers that the Law on Foreign Investments should be adopted without problematic provision.
Transparency – Serbia
Press Office
Belgrade , September 19th 2006 .
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