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Going From Mediocre to… Mediocre: Going From Mediocre to… Mediocre: An Analysis of Montenegro’s Proposed RTI ReformsAn Analysis of Montenegro’s Proposed RTI Reforms

Prepared and Presented by Prepared and Presented by Michael KaranicolasMichael Karanicolas

Secret Information

Open Information

Open Information

Secret Information

Montenegro’s Score:Montenegro’s Score:• Right of Access: 5/6Right of Access: 5/6• Scope: 30/30Scope: 30/30• Requesting Procedures: 20/30Requesting Procedures: 20/30• Exceptions and Refusals: 21/30Exceptions and Refusals: 21/30• Appeals: 4/30Appeals: 4/30• Sanctions and Protections: 6/8Sanctions and Protections: 6/8• Promotional Measures: 5/16Promotional Measures: 5/16

– Total Score: 91/150Total Score: 91/150

Montenegro’s Score:Montenegro’s Score:

2828thth: Chile: Chile2828thth: New Zealand: New Zealand3030thth: Montenegro: Montenegro3131stst: Armenia: Armenia3131stst: Trinidad and Tobago: Trinidad and Tobago3131stst: Uruguay: Uruguay

Regional Comparator: Current LawRegional Comparator: Current Law1. Serbia: 135 (11. Serbia: 135 (1stst overall) overall)2. Croatia: 123 (62. Croatia: 123 (6thth overall) overall)3. Macedonia: 108 (143. Macedonia: 108 (14thth overall) overall)4. Kosovo: 106 (154. Kosovo: 106 (15thth overall) overall)5. Bosnia and Herzegovina: 98 (245. Bosnia and Herzegovina: 98 (24thth overall)overall)6. 6. Montenegro: 91 (30Montenegro: 91 (30thth overall) overall)7. Albania: 70 (637. Albania: 70 (63rdrd overall) overall)

Regional Comparator: New LawRegional Comparator: New Law1. Serbia: 135 (11. Serbia: 135 (1stst overall) overall)2. Croatia: 123 (62. Croatia: 123 (6thth overall) overall)3. Macedonia: 108 (143. Macedonia: 108 (14thth overall) overall)4. Kosovo: 106 (154. Kosovo: 106 (15thth overall) overall)5. Bosnia and Herzegovina: 98 (245. Bosnia and Herzegovina: 98 (24thth overall)overall)6. 6. Montenegro: 94 (28Montenegro: 94 (28thth overall) overall)7. Albania: 70 (637. Albania: 70 (63rdrd overall) overall)

Montenegro’s Scores:Montenegro’s Scores:Old Law:Old Law:•Right of Access: 5/6Right of Access: 5/6•Scope: 30/30Scope: 30/30•Requesting Procedures: 20/30Requesting Procedures: 20/30•Exceptions and Refusals: Exceptions and Refusals: 21/3021/30•Appeals: 4/30Appeals: 4/30•Sanctions and Protections: 6/8Sanctions and Protections: 6/8•Promotional Measures: 5/16Promotional Measures: 5/16

– Total Score: 91/150Total Score: 91/150

New Draft LawNew Draft Law•Right of Access: 6/6Right of Access: 6/6•Scope: 29/30Scope: 29/30•Requesting Procedures: Requesting Procedures: 23/3023/30•Exceptions and Refusals: Exceptions and Refusals: 13/3013/30•Appeals: 10/30Appeals: 10/30•Sanctions and Protections: Sanctions and Protections: 6/86/8•Promotional Measures: Promotional Measures: 7/167/16

– Total Score: 94/150Total Score: 94/150

Problematic Exceptions:Problematic Exceptions:• Heads of information that are overly broadHeads of information that are overly broad• Heads of information that are illegitimateHeads of information that are illegitimate• Heads of information that should not Heads of information that should not

necessarily be classifiednecessarily be classified• Heads of information that should definitely Heads of information that should definitely

be disclosedbe disclosed• Problems with the harm test and public Problems with the harm test and public

interest overrideinterest override

Strengths of the New LawStrengths of the New Law

• Good proactive publication regimeGood proactive publication regime• Inclusion of an oversight bodyInclusion of an oversight body• Better requesting proceduresBetter requesting procedures

Weaknesses of the New LawWeaknesses of the New Law

• Very problematic exceptions regimeVery problematic exceptions regime• The oversight body remains weak, and The oversight body remains weak, and

lacks independence or a mandate lacks independence or a mandate focusing entirely on the right to focusing entirely on the right to information.information.

Montenegro Constitutional Protection:Montenegro Constitutional Protection:• Article 54Article 54Everyone shall have the right to access Everyone shall have the right to access

information held by the state authorities and information held by the state authorities and organizations exercising public authority.organizations exercising public authority.

The right to access to information may be The right to access to information may be limited if this is in the interest of: the limited if this is in the interest of: the protection of life; public health; morality and protection of life; public health; morality and privacy; carrying of criminal proceedings; privacy; carrying of criminal proceedings; security and defense of Montenegro; foreign, security and defense of Montenegro; foreign, monetary and economic policy.monetary and economic policy.

Regional Comparator: New LawRegional Comparator: New Law1. Serbia: 135 (11. Serbia: 135 (1stst overall) overall)2. Croatia: 123 (62. Croatia: 123 (6thth overall) overall)3. Macedonia: 108 (143. Macedonia: 108 (14thth overall) overall)4. Kosovo: 106 (154. Kosovo: 106 (15thth overall) overall)5. Bosnia and Herzegovina: 98 (245. Bosnia and Herzegovina: 98 (24thth overall)overall)6. 6. Montenegro: 94 (28Montenegro: 94 (28thth overall) overall)7. Albania: 70 (637. Albania: 70 (63rdrd overall) overall)

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