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Going From Mediocre to… Mediocre: An Analysis of Montenegro ’ s Proposed RTI Reforms

`. Going From Mediocre to… Mediocre: An Analysis of Montenegro ’ s Proposed RTI Reforms. Prepared and Presented by Michael Karanicolas. Secret Information. Open Information. Open Information. Secret Information. Montenegro ’ s Score:. Right of Access: 5/6 Scope: 30/30

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Going From Mediocre to… Mediocre: An Analysis of Montenegro ’ s Proposed RTI Reforms

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  1. ` Going From Mediocre to… Mediocre: An Analysis of Montenegro’s Proposed RTI Reforms Prepared and Presented by Michael Karanicolas

  2. Secret Information Open Information

  3. Open Information Secret Information

  4. Montenegro’s Score: • Right of Access: 5/6 • Scope: 30/30 • Requesting Procedures: 20/30 • Exceptions and Refusals: 21/30 • Appeals: 4/30 • Sanctions and Protections: 6/8 • Promotional Measures: 5/16 • Total Score: 91/150

  5. Montenegro’s Score: 28th: Chile 28th: New Zealand 30th: Montenegro 31st: Armenia 31st: Trinidad and Tobago 31st: Uruguay

  6. Regional Comparator: Current Law 1. Serbia: 135 (1st overall) 2. Croatia: 123 (6th overall) 3. Macedonia: 108 (14th overall) 4. Kosovo: 106 (15th overall) 5. Bosnia and Herzegovina: 98 (24th overall) 6. Montenegro: 91 (30th overall) 7. Albania: 70 (63rd overall)

  7. Regional Comparator: New Law 1. Serbia: 135 (1st overall) 2. Croatia: 123 (6th overall) 3. Macedonia: 108 (14th overall) 4. Kosovo: 106 (15th overall) 5. Bosnia and Herzegovina: 98 (24th overall) 6. Montenegro: 94 (28th overall) 7. Albania: 70 (63rd overall)

  8. Montenegro’s Scores: • New Draft Law • Right of Access: 6/6 • Scope: 29/30 • Requesting Procedures: 23/30 • Exceptions and Refusals: 13/30 • Appeals: 10/30 • Sanctions and Protections: 6/8 • Promotional Measures: 7/16 • Total Score: 94/150 Old Law: • Right of Access: 5/6 • Scope: 30/30 • Requesting Procedures: 20/30 • Exceptions and Refusals: 21/30 • Appeals: 4/30 • Sanctions and Protections: 6/8 • Promotional Measures: 5/16 • Total Score: 91/150

  9. Problematic Exceptions: • Heads of information that are overly broad • Heads of information that are illegitimate • Heads of information that should not necessarily be classified • Heads of information that should definitely be disclosed • Problems with the harm test and public interest override

  10. Strengths of the New Law • Good proactive publication regime • Inclusion of an oversight body • Better requesting procedures

  11. Weaknesses of the New Law • Very problematic exceptions regime • The oversight body remains weak, and lacks independence or a mandate focusing entirely on the right to information.

  12. Montenegro Constitutional Protection: • Article 54 Everyone shall have the right to access information held by the state authorities and organizations exercising public authority. The right to access to information may be limited if this is in the interest of: the protection of life; public health; morality and privacy; carrying of criminal proceedings; security and defense of Montenegro; foreign, monetary and economic policy.

  13. Regional Comparator: New Law 1. Serbia: 135 (1st overall) 2. Croatia: 123 (6th overall) 3. Macedonia: 108 (14th overall) 4. Kosovo: 106 (15th overall) 5. Bosnia and Herzegovina: 98 (24th overall) 6. Montenegro: 94 (28th overall) 7. Albania: 70 (63rd overall)

  14. Thanks for listening!

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