I have asked from the ministry (Cyprus) for the copies of the contracts signed; they told me (by phone) that are not available to the public and kindly asked me me to write to the General Director. And I did.
Honestly, this question would sound like a joke in my country :) -- wbr / μφχ, Orestis Tringides / Ορέστης Τριγγίδης *"I check my emails at 10:00, 13:00 and 17:00, GMT+2; For urgent matters please contact me at the office +357-22-318308 , from 10:00 until 18:00"* Amalgama Information Management Ltd | Socio-Political Studies Institute - Ίδρυμα Κοινωνικοπολιτικών Μελετών | www.aimcy.eu | ores...@tringides.com | www.ikme.eu | www.cypruscommunitymedia.org skype: orestis.t | http://www.facebook.com/orestis.tringides | http://cy.linkedin.com/in/orestistringides | http://tringides.blogspot.com www.accessinfocyprus.eu | www.atnq.eu | www.ecvc.eu | www.tringos.eu 2013/3/7 Stephan Anguelov <step...@aip-bg.org> > ** > > Dear Andra, > > We don’t have a perfect example of a relevant case on contracts on > exploiting natural resources. Last year there was a big debate here on > shale gas exploration and we offered advice to some green organizations on > filing requests for access to information. Still, we don’t know if they > filed any requests. Furthermore, the main issue was not the contracts, but > the preliminary assessment of impacts on the environment. The process was > more political, not legal – protests etc. Eventually it was the Parliament > and the government which produced a moratorium on shale gas exploration. > > This year after the first or second week of (mass) protest, several weeks > ago, the Ministry of economy, energy and tourism decided to publish several > contracts related to energy producers. The protest, as you might know, was > started against the exorbitant bills many of received for electricity and > central heating. And one of the main focal points was that nobody could > understand what their bill was charging them for. The debate turned around > the question how were privatized several energy plants. And at that point > the Ministry of economy, energy and tourism published some of these > contracts including 2 for the Maritza 1 and the Maritza 3 thermal energy > plants – they work on coal and use their own coal mines. The Ministry > stated that the information in those contracts for privatization is of > overriding public interest of disclosure. There was no litigation, they > just published the contracts. > > Still, we have a series of cases concerning the notion of > official/administrative secret. Most of them are described in the analysis > on official/administrative secret (it is the same notion, but the > translation in English varies) in our books on APIA litigation: > > - Litigation under the Access to Public Information > Legislation<http://store.aip-bg.org/publications/books_eng/Litigation_2012.pdf>(2012) > : pdf page 83; > > - Access to Information Litigation in Bulgaria 2005-2008: > Selected Cases, volume > 4<http://store.aip-bg.org/publications/books_eng/litigation4.pdf>: page 69; > > - Access to Information Litigation in Bulgaria: Selected Cases, > volume 3 <http://store.aip-bg.org/publications/books_eng/litigation3.pdf>: > page 43; > > - Access to Information Litigation in Bulgaria: Selected Cases, > volume 2 <http://store.aip-bg.org/publications/books_eng/litigation2.pdf>: > page 47; > > - Access to Information Litigation in Bulgaria: Selected Cases, > 2002 <http://store.aip-bg.org/publications/books_eng/litigation.pdf> : > page 24. > > Furthermore, in those books and also the brochures, published on our > website - http://www.aip-bg.org/en/publications/handbooks/ - are also > covered topics related with the information Lucas Amin was asking for: > > - Rights of access, exceptions to these rights and the role of > the public interest test > > - The mechanics of the legislation (how to write a request, > response times, appeal procedures). > > I would also point your attention at the brochure - How to Get Access to > Environmental Information - > Handbook<http://store.aip-bg.org/publications/hndbk_and_broch_eng/03env_hndbk.pdf>of > 2003. > > > > I hope this helps, > > > > Stephan Anguelov, > > AIP Legal Team > > > > > > На 05.03.2013 10:46, Andra Bucur написа: > > 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 > > >
