Dear Andra,
The Aarhus Convention (http://www.unece.org/fileadmin/DAM/env/pp/documents/cep43e.pdf ) is part of the Romanian legal system, I would use that. A piece of information or a document is either properly classified or not, there is nothing in between. It may also be the case that not an entire document is classified as secret, only a part of it (location of gold deposits) in that case legally there is nothing that should prevent you accessing the non-classified part and they should withhold only the classified details. In addition you can still debate the formal and the substantial basis of the classifications, if you are interested also in those parts, but the fate of the classified information shall not influence the fate of the non-classified. Best Adam Ádám Földes Advocacy Advisor Global Outreach & Campaigns Transparency International Alt-Moabit 96, 10559 Berlin, Germany T. + 49 30 3438 20 763 F. + 49 30 3470 3912 E. afol...@transparency.org ________________________________ From: foianet-boun...@lists.foiadvocates.info [mailto:foianet-boun...@lists.foiadvocates.info] On Behalf Of Andra Bucur Sent: Dienstag, 5. März 2013 09:46 To: Foianet Subject: [foianet] Access to contracts on the exploitation of naturalresources? Dear colleagues, In short, I am currently working on a case regarding the nature of the contracts concluded between the state and companies exploiting natural resources. This contracts are usually classified as office secret and I want to prove in court that this type of information is of public interest. The contract is not even specifically classified through the classification act, but only some information regarding the gold deposits, but still the state refuses to provide it as being classified. What I want to kindly ask you is whether contracts regarding the exploitation of natural resources are classified or available for the public according to the legislation in your countries (please provide legal norms if you know them) and whether you have any relevant case law on the subject? This would really help support my case in court! Thank you very much! All the best, Andra. Andra Bucur Legal advisor Soros Foundation Romania 33 Caderea Bastiliei District 1, Bucharest www.soros.ro Tel: +40 21 212 1032 Fax: +40 21 212 10 32 www.transparency.org Transparency International e.V. | Alt-Moabit 96, 10559 Berlin | 95VR13598 B Amtsgericht Berlin, Charlottenburg | Geschaeftsfuehrer: Cobus de Swardt | T +49 30 343820-0 | F +49 30 343820-0 | E i...@transparency.org This email is confidential and intended for the addressee only. If you are not the intended recipient, any use, disclosure, distribution, printing or copying of this email is unauthorised. If you have received this email in error, please immediately notify the sender by replying to the email, then delete all copies from your computer. Statements and opinions contained in this email are those of the sender, not necessarily of Transparency International.
