TI BiH on the new Freedom of Information Law of Brčko District: It is unacceptable to deny citizens the right to appeal.

Banja Luka, 21. May 2025: Transparency International in Bosnia and Herzegovina (TI BiH) warns the authorities of Brčko District that the draft of the new law regulating the area of access to information contains numerous deficiencies that are contrary to international standards and deny citizens the right to appeal, thereby imposing additional costs on them. TI BiH has submitted comments to the Brčko District Assembly on the draft of the new Freedom of Information Law, which will be discussed at today’s session, with the most contentious issue being that there is no provision for appealing the decision of the authority from which information of public importance is requested.

In practice, this will create additional room for authorities to hide key information about their work, public spending, and other information of public interest from the public, and will force citizens, media, and civil society to initiate expensive legal proceedings. This will require additional costs for legal representation, court fees for lawsuits and judgments, and it is expected that a large number of them will give up at the outset.

Denying the right to appeal is unacceptable because one of the basic principles of administrative procedure is the “principle of two-tiered decision-making,” and this right is also guaranteed by the Constitution of BiH, which incorporates the European Convention on Human Rights and Freedoms. Likewise, certain norms are contrary to international standards, including the provisions of the European Convention on Human Rights and Freedoms, as well as the Council of Europe Convention on Access to Official Documents (Tromsø Convention).

It is also problematic that the misdemeanor provisions are designed so that responsible persons are punished only if they do not comply with the order of the supervisory authority, while there is a complete lack of sanctions if they act unlawfully towards applicants. Until recently, Brčko District applied the BiH law regulating this area, but with the adoption of the new law at the state level as part of the so-called “European laws,” there was a need to regulate this issue at the District level. However, the proposed draft is not aligned with European standards or with laws at other levels.

Therefore, TI BiH appeals to the deputies to return the draft for revision in the parliamentary procedure because the new solution should improve the situation in this area, not worsen it further.

Press rls_21.05.25