More Transparency in Bulgaria: AIP’s Freedom of Information Successes
Author: Dimitar Keranov
In Bulgaria, widespread problems with government transparency and accountability have led to a significant need for initiatives that promote access to information and empower citizens. In response, the Access to Information Programme Foundation (AIP), one of the main watchdogs in the country, implemented the Legal Assistance in Strategic Freedom of Information (FOI) Cases project, with support from the German Marshall Fund of the United States and the United States Agency for International Development.
This initiative aimed to promote transparency, accountability, and the right to information in Bulgaria by providing legal aid for FOI litigation. The project significantly impacted local communities by empowering citizens, journalists, and civil society organizations so as to enhance investigations, to raise public awareness, to improve court decisions, and to develop new legal practices.
At the national level, AIP supported lawsuits involving financial accountability in public spending and transparency across various sectors. It addressed oversight activities, criminal investigations, and different related issues. At the local level, the foundation submitted appeals against denials of access to information, with courts ruling in favor of the applicants in several cases.
Landmark Legal Victories
During the project, AIP was involved in 75 cases and provided 163 consultations, tackling issues related to refusal of access to information, assistance in formulating FOI requests, and general matters concerning the right to information. Attorneys for the foundation prepared 21 appeals and nine written defenses, representing clients in 30 court cases. These cases sought to uncover wrongdoing in public spending, to address integrity issues, and to improve transparency in decision-making, with 17 favorable decisions.
Among the impactful rulings was the June 2024 one in which the Sofia-City Administrative Court (SCAC) decided that Kozloduy Nuclear Power Plant must address a request for public information on damages amounting to BGN 150 million (approximately $83 million). This landmark judgment marked a significant victory for accountability and transparency.
Another milestone was when the SCAC in August 2024 repealed the Anticorruption Commission’s tacit denial of information regarding the salary of its members and instructed it to provide the requested information. This ruling was a triumph for investigative journalism and public scrutiny.
AIP was also successful when the SCAC ruled that information about political parties’ representatives in commissions responsible for managing overseas vote centers in London was public and should be disclosed. This decision underscored the importance of transparency in electoral processes.
At the international level, AIP coordinated a joint amicus curiae intervention with Citizen Network Watchdog Poland in a case before the European Court of Human Rights concerning access to public campaign documents related to COVID-19.
Voices for Transparency and Hope
AIP’s Cases and Democracy podcast series has been inspirational. It features interviews with journalists, activists, and members of civil society organizations fighting for transparency and justice. It empowers listeners to advocate FOI and demonstrates the impact of civic participation.
The project’s outreach has been extensive, with information disseminated through newsletters, social media, and international conferences. This has fostered collaboration and exchanged best practices globally, increasing the project’s influence and contributing to the movement for transparency and accountability.
AIP’s Legal Assistance in Strategic Freedom of Information (FOI) Cases project highlights the power of legal aid and litigation in promoting transparency, accountability, and the right to information. The greater number of FOI cases won by information seekers demonstrates the impact of AIP’s work, and it shows that judges learned from the arguments of the organization’s lawyers to develop better understanding and expertise.
AIP’s project is an inspiring success story that produced significant strides toward a more open and just society in Bulgaria. It is a beacon of hope and motivation for continued efforts in the country’s fight for transparency and accountability.
