Recommendation of the Ombudsman for Human Rights of BiH 2022 in the dispute against the Ministry of Transport and Communications of the Republic of Srpska in connection with the Concession Agreement for the construction of the Banjaluka – Prijedor highway

08 July 2022

15.12.2021. TI BiH requested from the Ministry of Transport and Communications of the Republic of Srpska a copy of the Concession Agreement for the construction of the Banjaluka - Prijedor highway with the company "SDHS-CSI BN." By decision of the Ministry number: 13.03/345-3168/21, dated 20.12.2021. access to the requested information was denied, against whom, on 27.12.2021. TI BiH filed an appeal. In response to appeal number: 13.03/345-3168/21, dated 29.12.2021. the Ministry states that deciding on the reported appeal would violate the two-level principle, since the same authority cannot decide in the first and second level, while at the same time instructing the complainant to initiate an administrative dispute before the competent court. Dissatisfied with the content of the received response, TI BiH requested the intervention of the Ombudsman of Bosnia and Herzegovina. Ombudsmen for human rights of Bosnia and Herzegovina, in accordance with the powers from Article 32. of the Law on the Ombudsman for Human Rights of Bosnia and Herzegovina, gave a RECOMMENDATION to the Minister of Transport and Communications of the Republic of Srpska

1. To respond, upon receipt of this recommendation and without delay, to the complaint filed on 27.12.2021 by letter to the complainant. and in connection with the submitted request for access to information dated 15.12.2021. in accordance with Article 14. of the Law on Freedom of Access to Information in the Republic of Srpska
2. To inform the Ombudsman of Bosnia and Herzegovina about the activities undertaken to implement it, within 30 days, counting from the day of receipt of the recommendation,

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Publishing year: 2022