Millions of euros are being drained from municipal and state budgets because the administration does not respond to requests for free access to information (FOI).
However, the Union of Municipalities of Montenegro claims that certain non-governmental organizations (NGOs) and lawyers are abusing the system to take large sums of money, so they propose extending the deadline for submitting information, reducing lawyer fees, and introducing an open data portal.
The Bar Association told Television Vijesti that they will address this topic on Wednesday.
After, according to the letter of the law, they send requests for free access to information, and the authorities do not respond within 15 days, some, by hiring lawyers who file complaints and initiate court proceedings, pay handsomely for the administration's silence.
"It's a matter of tens of millions of euros, over a longer period of time, but it is becoming symptomatic that the number of requests is increasing, that the number of subjects is also increasing," said Mišela Manojlović, Secretary General of the Union of Municipalities.
Among them, some NGOs stand out, sending a large number of requests for information to municipal and state authorities, which are even outdated or non-existent, and when they do not receive it, their lawyers complain. These and complaints about real estate taxes have been emptying the coffers of municipalities for years.
"The largest budget expenditure so far will be for one lawyer in the amount of 3 million. We also have cases where standard complaints are submitted neatly packed in packages on the same day to both administrative bodies and the competent Administrative Court. The costs vary, ranging from 70.000 to 140.000 euros. Here we have evident abuse, which was also recognized by the European Union and the latest report on Montenegro states and recommends that measures be taken," said Manojlović.
The public has the right to know how things work, contract, and employ in bodies funded by citizens, and on that basis, there is no doubt that requests for SPI are justified, especially since there should be someone to answer in the cumbersome state administration.
The Union of Municipalities, however, suspects that this right is being abused because some lawyers are sending up to 1.000 standard complaints.
The Bar Association, which was asked by Television Vijesti whether it had taken any action to check this, will discuss this topic at its Board of Directors meeting on Wednesday.
"We note that during the mandate of the current Board of Directors, there were no disciplinary reports from state authorities, legal entities or individuals on this basis," the Bar Association said.
The question is, however, what should be done to prevent huge sums from flowing out of citizens' coffers? Manojlović says that they have asked the Bar Association to reduce the fees for these services from 200 to 50 euros. They also see the solution in extending the deadline for submitting information.
"Extend the deadline for deciding on free access from 15 days to 30. That deadline is prescribed, for example, in Germany, France and Austria. Plus, another 60 days can be extended if it concerns extensive information. Also, an open data portal is one of the solutions and mandatory digitalization of archives of all central and local authorities, companies," said Manojlović.
The amended Law on Administrative Disputes should limit the long-standing abuse of rights, at least partially, because a decision to keep the administration silent can be made without an oral hearing before the court, thus eliminating these legal fees.
While waiting for other solutions, it calls for ethics and responsibility because everyone should use the right to free access to information, but not to develop a business using all of our money.
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