CEE Law Report
Updates on legislation from around the region by Jerome Simpson, jsimpson@rec.org
BulgariaA draft Law on Access to Public Information is currently being discussed by the National Assembly. It is expected to be approved in September this year. The law was prepared by the office of the Minister of State Administration and is one of three proposed "information" laws, besides the Personal Data Protection Act and the Protected Information Act (encompassing State and Official Secrecy).
Under the new access law, official information is named "public information" and is divided into two groups. "Official information" embraces any document issued by state organs or its administration. "Information for official purposes" includes any information held by the authorities or their administration (regardless of its form).
The general right to access information applies to both groups, and citizens and legal persons are entitled to appeal before the administrative courts in cases of information denial. However, the right to access official information will be restricted where it is classified as state or official secret. A second legal basis for upholding information will be the protection of the rights of others, unless they give consent.
Concern was voiced over the law in a recent post to the CEELAW-L e-mail discussion list by the Access to Information Programme (AIP), a Bulgarian foundation of journalists and lawyers. AIP argues that any relevant organ or administration could legally deny access if the information requested is considered "not public."
The law also governs the right to disclose official information. AIP argues that disclosure is the same as access and that the law should not distinguish between the two. The law, they say, also contradicts a Bulgarian Constitutional Court Decision (No.7/1996) which ruled restrictions on disclosing information are not permissible except for electronic media.
Under the new law, state bodies and their administrations will be obliged to provide information upon request. So too will legal entities responsible for representing or defending the public interest (mainly NGOs) and persons performing public services, and physical persons or legal entities that disclose information of public interest for profit (media). AIP argues that these entities should not be required by law to grant information, and moreover the media should enjoy the right not to disclose its information sources Ñ a potential infringement of the freedom of expression. (Draft law available online in Bulgarian: http://www.government.bg/publicdebat/.)
Independent of the above law, the Ministry of Environment and Waters established a working group to draft a Regulation on Public Access to Environmental Information, to meet provisions of Chapter 2 of the Law on Environmental Protection and Aarhus Convention.
Other environmental laws passed or pending include the Law on the Power Industry and Energy Efficiency, adopted by the National Assembly in July 1998. A Hunting Law approved in March 1999 by the Council of Ministers should be passed this year, along with the still pending Water Law. The Mineral Resources Act was adopted by the Parliament and promulgated in the State Gazette on March 12.
Source: The Bulgarian Access to Information Program and others contributed to this article.
Estonia: Busy 1999
In January, the Law on the Deliberate Release of Genetically Modified Organisms and the Law on Environmental Monitoring were passed by Parliament. In February, the Law on Pollution Charges, and on June 23, a new Law on the Use of Funds Arising from the Use of the Environment, were passed.
The Law on Pollution Charges (replacing the previous law from 1992) sets charges for air and water pollution and the generation of waste (alongside other laws such as that for water and fisheries). The Law on the Use of Funds decrees that these environmental fees and taxes will be channelled into the state budget, to be managed by a foundation that is yet to be established, under the governance of the Ministry of Finance. According to Article 3 of the Law, funds will be used for environmental protection purposes. Effectively, the law voids the Law on Environmental Funds adopted January 1999 and places responsibility for environmental investments firmly under state control, a change brought about by the election of a new parliament earlier this year.
Other new laws to have been passed during 1998 include the Law on Chemicals, the Ambient Air Protection Law, the Waste Law and a Law on the Protection of Wild Fauna and the Forest Law (replacing the 1993 law). Many existing laws have also been amended in 1999 including the Water Law and Law on Protected Objects of Nature, while a new Law on Environmental Auditing and Environmental Impact Assessment is expected later this year.
Among those being drafted (but not expected until next year) are the Law on Integrated Permitting, a new Water Law, elements of the Environmental Code, amendments to the Planning and Building Law, a Law on Landscapes, a Law on Soil Protection and revised laws on Fishing and Hunting. All are being drafted in light of EU standards and Directives and form part of EstoniaÕs commitment to EU membership, intended for Dec. 31, 2002. (Texts available in Estonian from: http://www. legaltext. ee/ along with selected English translations.
Source: Contributions from Rita Annus, Estonian Ministry of Environment.
