Improve Participatory Monitoring of Right to Information Implementation (ME0068)

What public problem does the measure address? This measure responds to the problem of still inconsistent application of the Law on Free Access to Information among state administration bodies. Article 43 of the Law on Free Access to Information ("Official Gazette of Montenegro", no. 44/12 and 30/17) defines the obligation of the Council of the Agency to submit a report on the state of access to information to the Parliament of Montenegro once a year. In addition to this obligation, the Council of the Agency is obliged to submit a report to the Parliament whenever the Parliament requests it. In view of these obligations defined by law, a report on the state of personal data protection and the state of access to information is submitted to the Parliament of Montenegro once a year. The practice of open dialogue with civil society organizations on the content of annual reports on the situation in the area of access to information is still not sufficiently developed. The quality of monitoring and reporting on the extent to which public institutions adhere to the standards of access to information has an important impact on public trust in the work of institutions, but also on strengthening the responsibility of institutions.

What does this measure entail? The measure includes a series of activities intended to encourage greater participation and openness in the process of monitoring and reporting on the implementation of standards on free access to information by competent authorities.

In what way does the measure contribute to the solution of the identified public problem? It is expected that additional consultations with the public on the content of annual reports on the situation in the area of access to information, but also by expanding information on various challenges in the application of the Law on SPI (including the application of sanctions/penal policies) will contribute to a higher quality of monitoring and reporting on the situation in in this area, and finally, better respect for established standards by all authorities.

Why is this measure relevant in relation to the values promoted through the OGP initiative? This measure is directly relevant to the values of transparency and openness of public administration, as well as strengthening the responsibility of authorities in the creation and management of public policies.

Additional information This measure is complementary to the goals and activities of the National Public Administration Reform Strategy 2022-2026, especially Strategic Priority 4. Transparent and open public administration and related operational goal 4.1. Improvement of the functioning and capacity of the Agency for the Protection of Personal Data and Free Access to Information and the general system of legal protection in the field of SPI, as well as operational objective 4.2. Improving the implementation of the Law on SPI by the authorities in order to ensure adequate realization of the right to access information and providing access to information in accordance with the institutional legal framework and strengthening the awareness and developing the skills of users of the Law on SPI. It is necessary to further improve coordination in this area in the work of the Operational Team for implementing the Partnership for Open Administration initiative, the Council for Open Data Management, the Council for Public Administration Reform and the Council for Freedom of Access to Information (activity 4.1.5 of the Public Administration Reform Strategy), as working bodies of the Government that deal with various aspects of free access to information as part of their competence. The implementation of this measure contributes to the realization of sustainable development goals, especially goal 16: 'Peace, justice and strong institutions', and tasks 16.10. Provide public access to information and protection of fundamental freedoms, in accordance with national legislation and international agreements, and 16.6 - Develop efficient, accountable and transparent institutions at all levels.

Budget 7.000 EUR

Activities

6.1. Hold annual consultations with the public on the content of the annual report on free access to information Holder: Ministry of Public Administration Ministry of Public Administration, Directorate for Normative Regulation of the Public Administration System and Harmonization of Regulations; Agency for the Protection of Personal Data and Free Access to Information Activity realization indicator: - held consultations and discussions with the public on the Draft Annual Report on Free Access to Information in 2023 and 2024 Required financial resources: EUR 2,000 Source of funding: Budget of Montenegro, donor funds February 2023 - February 2024

6.2. Develop recommendations for increasing the quality and scope of the annual report on the implementation of the Law Holder: Ministry of Public Administration, Directorate for Normative Regulation of the Public Administration System and Harmonization of Regulations, Agency for Personal Data Protection and Free Access to Information Activity realization indicator: - made recommendations - expanded range of data contained in the annual report Required financial resources: EUR 3,000 Source of funding: Budget of Montenegro, donor funds March 2023 - March 2024

6.3. Compile information on the implementation of penal policy in the application of the Law on STIs Holder: Ministry of Public Administration, Directorate for Normative Regulation of the Public Administration System and Harmonization of Regulations Activity realization indicator: - created information - information presented to the public and discussed at the session of the competent advisory body of the Government Required financial resources: EUR 2,000 Source of funding: Budget of Montenegro, donor funds April 2023 - June 2023

Action Plan Review

Commitment 6. Improve participatory monitoring of the Law on Free Access to Information

● Verifiable: Yes

● Does it have an open government lens? Yes

● Potential for results: Modest

Commitment 6 aims to increase public oversight of the implementation of the Law on Free Access to Information. It involves holding public consultations on the annual report and publishing information on the implementation of the sanctions envisaged in the law. However, crucially, the commitment does not address the limitations in the legal framework, such as tax and trade secrets, introduced into the law in 2017. The government drafted amendments to this law which would abolish or narrow these restrictions in December 2021, but withdrew them from parliamentary procedures. The government withdrew the draft amendments again in December 2022, ostensibly due to lack of support in Parliament, but in January 2023, put them back on the table. [59] During the co-creation process, Institut Alternativa highlighted backsliding in the legal framework of access to information as a major barrier to citizens' participation in decision-making. The European Commission has called on Montenegro to adopt and implement the amendments in line with the “principles of good public administration.” [60]