Certain specifics of implementation and administrative-procedural protection of free access to information in the Republic of Serbia

Abstract

Since the earliest times, with development of state and law, a man was looking for true natural law. After the World War II, the quest for improvement of the original concept of the Rechtstaat had started and human rights ceased to be an expression of “sovereignty” of a state, acquiring a universal character. In the mid 60-ies of XX century, from the freedom of expression, as a fundamental political right, gradually set aside one special and specific right - the right of access to information (FOIA), which has expanded to all continents. It affirms the role of citizens as “fourth power”, and on the other, ensures the implementation of one of the basic principles of modern public administration - the principle of transparency. Specifics of this law have led to development of many different models of realization and its administrative-procedural protections in national legal systems. Barely in 2004, with the adoption of the FOIA Law, Republic of Serbia determined the way of realization and protection of this right. Specifics of implementation and administrative protection of the FOIA in Serbia, can significantly contribute to the “radical” reform of the general administrative procedure in the future, which is a key factor for the actual transformation of public administration in a functional sense, from the administration as an instrument of power to administration as a citizens service.