October 2009 1/17

The impact of freedom of information law on public access to legal information

Paul Byfield, Legal Information Specialist, EBRD

Allowing citizens access to government information is widely recognised as a human right and as an administrative tool to improve governance.

Introduction The countries of eastern Europe and central Asia, areas previously subject to communist Freedom of information (FOI) is a relatively rule, have only very recently adopted this modern concept and largely a 20th century idea. In fact, legislation relating to freedom of idea, with the exception of Sweden.1 A information has only been enacted in most of Freedom of Information Act was adopted the EBRD’s countries of operations within the in the United States in 1966. In the last decade. This article will discuss whether United Kingdom a private member’s bill the enactment of this legislation has resulted was introduced in 1978. The most recent in the wider availability of legislation (both version of the United Kingdom’s Freedom of draft and adopted) and court decisions in Information Act came into force on 1 January the EBRD region. There will also be a general 2005. These countries, regarded as liberal overview of availability and accessibility of democracies, have continuously supported information in some of the countries where the the idea of allowing citizens to have access public can read or download legislation and to information through various media. recent court decisions.

Globally there are now approximately 70 Previously, in the absence of freedom of countries that have enacted legislation to information legislation, some countries had access records held by their governmental included this concept in their constitution. authorities and there are also another 50 However, most references to freedom of countries where the legislation is pending. information are generally brief and do not provide any guidance on the scope of these FOI legislation defines the fundamental rights or how they should be administered. It “right to know” legal process by which is apparent that ensuring the availability of those requesting information (citizens) may laws domestically to the , to private ask for government-held information and citizens and to those involved in a country’s receive it freely or at minimal cost, with commercial environment is advantageous some predefined exceptions. Also variously financially and enhances legal knowledge. To referred to as “open records”, governments have the laws available to an international are also typically duty-bound to publish audience (that is, via the most direct medium legislation and promote transparency. In many of the internet) is both financially appealing countries there are constitutional guarantees (to the foreign investment community) and

1. In Sweden freedom of for the right of access to information, but useful for comparative purposes (to the information legislation has been generally these are largely unused if specific international legal community). There is thus maintained almost continuously since 1766. supporting legislation has been enacted. a link between the framework surrounding a

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country’s approach to freedom of information The constitution, and the specific legislation and how laws and the legal system are enacted thereafter to deal with freedom of made available domestically and globally. information allows an Estonian citizen the right to view documents and request access to Implementation of international law information.

On 18 June 2009, 12 of the 47 member The first version of the Public Information states of the Council of Europe signed the Act (PIA) was approved in 2000 and took Convention on Access to Official Documents.2 effect in 2001. An updated PIA was passed The 12 signatories3 made history as they by in December 2007 and came signed the “first international binding legal into force on 1 January 2008.5 The Act covers instrument that recognises a general right the following: state and local agencies; legal of access to official documents held by persons in public law and private entities public authorities.” Each of the signatories which are conducting public duties including is still to ratify the Convention. Nonetheless educational, health care, social or other it has been recognised as a significant public services. The Act also states that any step forward in the challenge to improve person may make a request for information transparency in government institutions. and the information holder must respond within five working days; this sets a relatively However, the Convention has been criticised high threshold for a response from the holder. as being fundamentally weak in its scope: it However, if the holder decides that to provide fails to specify court decisions, draft laws and the information requested is time consuming categories of information (such as, financial they may take a further 10 days to fulfil the information and procurement) as being request (so long as they have notified the necessarily subject to dissemination by the person requesting information within the government. However, some non-governmental five-day period). Requests for information are organisations (NGOs) have stressed the registered and request fees, while statutory, importance of this Convention being ratified may be waived in certain circumstances. This by the member states as it does at least set last measure suggests that some members of minimum standards for confirming access to the public may be precluded from requesting government information. Of the 12 countries information if they simply cannot afford it. which have signed the treaty, eight are in National and local government departments eastern Europe, and were, with the exception and other holders of public information have of Hungary, either originally part of the former a duty to maintain web sites and post an Yugoslavia or the Soviet Union. However, the extensive list of information on the internet; fact that these countries have signed the draft acts,6 regulations and plans including 2. conventions.coe.int/Treaty/EN/ Convention does not signify that they have explanatory memoranda. These entities are Treaties/Html/205.htm successfully implemented their own domestic also required to ensure that the information legislation or even that this legal concept is is not “outdated, inaccurate or misleading”. 3. Belgium, Estonia, Finland, FYR Macedonia, Georgia, Hungary, fully embedded within their legal culture. This In addition, email requests must be treated Lithuania, , Norway, analysis will demonstrate how much still as official requests for information. Serbia, Slovenia and Sweden

needs to be done in four of these countries. 4. www.president.ee/en/estonia/ Article 31 of the PIA sets out which constitution.php ESTONIA government authorities and agencies are 5. www.legaltext.ee/en/ 4 Article 44 of the constitution adopted in required to maintain a web site (for example, andmebaas/ava.asp?m=022 1992 originally set out the rights and duties the Chancellery of the ,7 the Office of of citizens and public authorities with regards the President of the Republic,8 the Office of 6. www.neti.ee/ 9 to information access and retrieval and stated the Chancellor of Justice, and the courts (for 7. www.riigikogu.ee/index. that: “Everyone shall have the right to freely example, the Supreme Court and the district php?id=34634 receive information circulated for general use.” courts). 8. www.president.ee/en/

9. www.oiguskantsler.ee/ October 2009 3/17

Article 32 specifies which obligations and guaranteed. Free access to information and duties those agencies must carry out the freedom of reception and transmission (publicising web site addresses, keeping of information are guaranteed.” these sites up to date and accurate, disclosing dates of issue and dealing The Law on Free Access to Information promptly with technical problems). of Public Character12 was adopted on 25 January 2006. The law allows any natural Article 33 also states that “every person or legal person to obtain information from shall be afforded the opportunity to state and municipal bodies and those have free access to public information who are performing public functions. The The Public through the internet in public libraries, requests can be oral, written or electronic “”Libraries Act pursuant to the procedure provided and must be responded to within 10 of Estonia for in the Public Libraries Act”. days. There are exemptions, for example, provides for classified information, confidential broad public The Act puts in place a transparent system information, information regarding tax access to which provides for broad public access to violations and pending investigations. laws and court decisions. It also specifies a laws and court range of responsibilities which must be borne Those who are denied information can appeal decisions. by the provider (that is, the state authority) to the Commission for the Protection of the to ensure that the information is accurate. Right to Free Access to Information of Public Character (the Commission), which was Another important element of Estonia’s established in May 2006. The Commission freedom of information legislation is the can decide on complaints. It also ensures existence of an independent public authority the Law is implemented, publishes the list responsible for the supervision of the of information holders, trains public officials implementation of the legislation, the Data and compiles an annual report of all the Protection Authority (DPA). The DPA reports statistics for requests in the previous year. annually to the Estonian legislature concerning Articles 30-35 of the Law set out the status PIA compliance. Any person who has been and responsibilities of the Commission. denied access to requested information However, the law does not describe the may file a complaint with the DPA or with an types of information that must be made administrative court. There have been only a public, and thus does not demand any few court cases so far. A review by the Council additional publication requirements of the of Europe GRECO (Group of States Against information holders. Also published were Corruption) committee10 found that the Act was a set of accompanying guidelines which successful in promoting access to information. set out procedures for implementation and include an appendix of request forms. This The GET (GRECO Evaluation Team) found measure was put in place to assist the that the rules promoting transparency of the information holders with implementation. Estonian public administration are satisfactory. The GET confirmed that the PIA had brought Despite what appears to be the establishment significant improvements and facilitated of a relatively robust and accountable system enhanced access to public documents. to deal with these issues, there have been Estonia has been found to be an eastern a number of concerns relating to the law. European country that has especially effective Despite the relatively extensive powers set out, freedom of information legislation and strong appeals of the Commission’s decisions can be 10. www.coe.int/t/dghl/ implementation mechanisms and institutions. filed in court. Non-governmental organisations monitoring/greco/general/about_ en.asp (NGOs) were particularly instrumental in FYR MACEDONIA applying pressure to have the law drafted 11. www.sobranie.mk/en/default. 11 asp?ItemID=9F7452BF44EE814B8 Article 16 of the Constitution provides: and during this process the scope and DB897C1858B71FF “The freedom of speech, public address, wording of the law was changed on numerous public information and the establishment occasions and postponed several times. 12. www.legislationline.org/ documents/action/popup/id/8240 of institutions for public information is

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Just before adoption a letter was signed by and currency policy, international over 120 NGOs which expressed concerns relations and judicial procedure can be about the proposed law. The law appeared to restricted if specifically required by law. be secondary to other related legislation (that is, the Secrecy Law) and plans to give the The Parliamentary Commissioner for Data commission powers to oversee appeals were Protection and Freedom of Information14 dropped in favour of handing potential cases oversees the Act. Besides acting as an over to the regular courts. This raised concerns ombudsman for both data protection and about the independence of the process. freedom of information, the Commissioner’s tasks include: maintaining the Data The law sets out the procedures for Protection Register and providing opinions requesting information and states the on data protection and draft legislation duties of the information holders and the regarding access to information, as well status, composition and responsibilities as each category of official secrets. Those of the Commission. However, the law does denied access can appeal to the courts. not specify which government web sites should publish information and does not The Parliamentary Commissioner in his guarantee citizens’ rights to comment on 2004 report noted a number of continuing draft laws or other policy-making initiatives. problems, including access to court In fact observers have commented that records and the cost of disclosures to government departments and agencies public bodies. Some regulatory bodies should be required to make materials also refused to report on their activities. available progressively via their web sites. This is a low cost method of publication In July 2005, parliament passed a law on which has been shown to greatly enhance electronic freedom of information15 which, transparency and openness in public life. according to the Ministry of Informatics and Communication, makes Hungary one HUNGARY of the most progressive countries in the Article 61 of the Constitution stipulates world with regard to the publicising of that: “everyone has the right to freely express information that is in the public interest. his opinion, and furthermore to access and distribute information of public interest”.13 This very positive assessment of the merits of the law may be justified. The law prescribes Act No. LXIII of 1992 on the Protection of the list of specific data of public interest Personal Data and Disclosure of Data of that must be published on the internet: the Public Interest is a combined Data Protection publication of draft bills, laws, and – partially and Freedom of Information Act (passed – the anonymous form of court decisions; well before most countries in the region had and lastly, the creation of a database that seriously considered this type of legislation). makes the published data searchable and The Act guarantees that all persons should retrievable. The law also obliges ministries have access to information of public and municipalities to provide a forum on interest, which is broadly defined as any their web sites where users can express their information being processed by government opinion regarding the draft bills, thus allowing authorities. Requests can either be written citizens to participate in the legislative (including electronically) or oral. Agencies process in a direct and immediate manner. 13. www.mkab.hu/en/enpage5.htm must respond to requests within 15 days. The legal framework is seen as being 14. www.obh.hu/indexen.htm

State or official secrets and information particularly forward-thinking as Hungary is 15. www.legislationline.org/ related to national defence, national currently one of the only European nations download/action/download/ id/1253/file/5f8198445594dde5c security, criminal investigations, monetary to enact a single law that deals with the 2e5b1cb90b4.pdf October 2009 5/17

regulation of freedom of information with via email, and must be responded to within regard to the protection of personal data. This eight days, with the option to extend this has been implemented by also establishing deadline to a further 15 days if certain criteria the post of a specialist ombudsman are met. In urgent cases, responses must be to deal with both (related) issues. within 48 hours.

In July 2005, the European Commission There are the usual exemptions for: announced that it was taking legal action against Hungary and six other countries for „„ national security, defence or international failing to implement the 2003 European Union relations (EU) Directive on access to environmental information. In light of this, it would appear „„ public security, commercial or other private that even within a state as progressive as or public economic benefits Hungary, the implementation of freedom of information legislation does not necessarily „„ economic monetary or foreign exchange guarantee a fully “open government” culture. policy

Most recently the Civil Liberties Union (CLU) in „„ prevention and investigation of criminal Hungary won a landmark case at the European matters Court for Human Rights against the Hungarian government. In a judgment dated 14 April „„ personal privacy and other personal rights 2009, the Court declared that withholding information needed for public debate on „„ internal negotiations. matters of public importance may violate freedom of expression. The CLU alleged that Appeals are to the supervisory body of the the decision of the Hungarian Constitutional agency and can then be made to a court. Court denying it access to the details of a There are sanctions for agencies and officials parliamentarian’s complaint pending before who fail to allow access to information. the Hungarian Constitutional Court had Government bodies are also required to create amounted to a breach of its right to have and publish lists of types of information held, access to information in the public interest. including public registers. However, the Law does not specify what legal information should MONTENEGRO be published on the internet and does not Unlike the other countries in the region state which government bodies or agencies Montenegro did not establish a general right should have web sites. of freedom of information in its Constitution.16 Article 19 gives everyone a right to “timely and The Ministry of Culture and Media is in complete information” about the environment. charge of implementing the Law and has Article 31 gives individuals a right to access conducted some training for officials, but the personal information and prevent abuse of that perception by NGOs is that there has been information. little political will to support the Law. NGOs have reported that several hundred requests The Law on Free Access to Information17 was have been filed so far and the agencies adopted in November 2005, to some extent to responded on time in around 50 per cent of fall in line with the rest of the countries in the cases (this is a relatively good response rate). region. Of the 17 government web sites referred to during research, only two specify guidelines The Law allows any naturalised or legal citizen relating to information access: the Ministry of

16. www.venice.coe.int/ the right to access information held in any Finance and the Ministry of Foreign Affairs. docs/2005/CDL(2005)096-e.pdf form by state and local authorities, public companies and other entities with public In 2005, before the adoption of the Law, the 17. www.osce.org/documents/ mnt/2006/07/19758_en.pdf powers. Requests must be in writing, including Organization for Security and Co-ooperation in

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Europe (OSCE) made some recommendations Conclusion about the draft law as follows: Allowing citizens access to government “1. A commitment should be made to information is widely recognised as a bring information provisions in other laws, human right and as an administrative tool including secrecy provisions, into line with to improve governance. It promotes public the draft law as soon as possible. In any participation, democratic accountability and event, a provision should be inserted in public trust in decision-making. Citizens are the draft law specifying that its provisions better able to participate in the democratic take precedence over other laws. process when they have information about the activities and policies of the government. 2. The grounds upon which the deadline for Public awareness of the reasons behind responding to an information request may decisions can improve support for those be extended should be clearly set out in the decisions and reduce misunderstandings and draft Law and should include only cases where dissatisfaction about them. In order to be large amounts of information is requested or successful, freedom of information legislation where finding the requested information would needs to address the procedures for require a search through a large number of dealing with information requests, establish documents which would unreasonably interfere sanctions for those who fail to answer those with the activities of the body. requests and establish an independent and competent information commission. 3. The draft Law should make it clear that providing additional data that might facilitate Beyond this, and in order to fully engage the search for information is optional for with the public and the business community requesters.”18 (both local and foreign) the authorities need to publish information relating to the In theory “the constitution and law provide legal environment in the country, including for public access to information”. In practice the laws and any court decisions. Any access to public information was more improvements in the transparency of limited. Some ministries were reluctant to fully governments are also seen as a significant implement the law. While the courts usually factor for economic development and supported access to information, their orders increased foreign investment in an economy, to the ministries were often ambiguous and as they protect the rights of companies 18. www.article19.org/pdfs/ analysis/montenegro-march-2005. consequently ignored. and individuals when doing business. pdf

Author

Paul Byfield Legal Information Specialist EBRD One Exchange Square London EC2A 2JN

Tel: + 44 207 338 6166 Fax: + 44 207 338 6150 Email: [email protected] October 2009 7/17

Table 1: Freedom of Information legislation enacted in EBRD countries of operations Jurisdiction Name of Law Date enacted Albania Law on the right to information over official documents June 1999 Armenia Law on Freedom of Information 2003 Azerbaijan Law on Information, Informatization and Protection of Information April 1998 Belarus The bill of the Republic of Belarus “On Information, Informatization and Protection of May 2009 Information” was adopted by the parliament and signed by the President on 10 November 2008. It came into force in May 2009. Bosnia Freedom of Access to Information Act for the of Bosnia and Herzegovina July 2001 Freedom of Access to Information Act for the Republika Srpska 18 May 2001 Bulgaria Access to Public Information Act 2000 Croatia Act on the Right of Access to Information 15 October 2003 Czech Republic Law on free access to information, 106/1999 Coll. 11 May 1999 Estonia Public Information Act December 2007 Georgia Chapter 3 of the General Administrative Code of Georgia is entitled “Freedom of 1999 Information”. Hungary Data Protection and Freedom of Information Act No. LXIII (1992) as amended 2003 by Act No XLVIII (2003) Act No. XC (2005) on the Freedom of Information by Electronic Means FYR Macedonia Law on Free Access to Information of Public Character 2006 Kosovo (Serbia) Law on Access to Official Documents. No. 2003/12. (UNMIK) 2003 Kazakhstan Constitution of the Republic of Kazakhstan. Kyrgyz Republic Law of the Kyrgyz Republic on Guarantees and Free Access to information 1997 Latvia Law on Freedom of Information (Adopted 29 October 1998, Signed 6 November 1998.) 1998 Lithuania Law on Provision of Information to the Public. (July 2, 1996 No. I-1418, as amended by 2002 June 20, 2002 No. IX – 972) Moldova Access to Information Law, No 982-XIV 5 November 2000 Mongolia There is no specific law guaranteeing the right to access information held by public bodies. The Constitution, Article 16(17) sets out the basic right. Montenegro Law on Free Access to Information November 2005 Poland Law on Access to Public Information 6 September 2001 Romania The Law Regarding the Free Access to the Information of Public Interest. (October 2001) Russia Law on Providing Access to Information on the Activities of State Bodies and Bodies of 28 January 2009 Local Self-Government (in English) (Approved by the Council of the Federation on January 28, 2009) Serbia Serbian Act on Access to Public Information 2004 Slovak Republic The Act on Free Access to Information (approved in May 2000 and came into force on 1 2001 January 2001) Slovenia Act on Access to Information of Public Character March 2003 Tajikistan The Law of the Republic of Tajikistan on Information May 2002 The Constitution of the Republic of Tajikistan, 1994 Turkmenistan There is no specific law guaranteeing the right to access information held by public bodies Constitution of Turkmenistan.1992 Article 26 sets out the right to access government held information. Turkey Turkish Law On The Right To Information, Law No: 4982 2003 Ukraine Ukrainian Law on Information 1 December 2001 Uzbekistan Law On Principles and Guarantees of Freedom of Information (Russian) 12 December 2002

Note: Where specific legislation has not been enacted there is reference to provisions relating to freedom of information in another law

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Table 2: Availability of legal information in the EBRD countries of operations

The table looks at four categories of web site/information resource:

1. Official gazette – these are the journals/bulletins regularly published by the state publishing unit detailing information about legislative decision making within the government. In the absence of an official gazette the author has sourced a newspaper that publishes information about new laws, amendments and draft laws.

2. Government web sites – four main types of government web site (central legislative body, that is Parliament or ; Ministry of Justice, Ministry of Finance, Ministry of Economy, Ministry of Trade and Development).

3. Legal databases – either government run or sponsored, privately run enterprises or those published by international organisations (any that provide a substantial collection of legislative material).

4. Court decisions - constitutional or supreme court decisions, courts of appeal and economic courts Country Official gazette Government web sites with legal content Legal databases Court decisions

Albania Official gazette Lexadin – World Law Guide Supreme Court www.legjislacionishqiptar.gov.al www.parlament.al www.lexadin.nl/wlg/legis/nofr/eur/lxwealb. www.gjykataelarte.gov.al/english/index.htm htm Decisions of the Supreme Court shall be Official Publications Centre – text of laws Council of Ministers Comprehensive list of legislation, full text in published in the Periodical Bulletin of the issued by Parliament, in Albania. www.keshilliministrave.al English. Supreme Court. Decisions that serve to Full text of Constitution, Parliamentary bills unify or alter court practices are published and acts. immediately in the next issue of the Official Gazette. Ministry of Justice www.justice.gov.al Constitutional Court www.gjk.gov.al Ministry of Economy, Trade and Energy Database of summaries of decisions since www.mete.gov.al/index.php?l=e 1992.

Ministry of Finance High Council of Justice www.minfin.gov.al www.kld.al Summaries of decisions in English, since 2003.

Court of Appeal of Tirana www.gjykatatirana.gov.al

Armenia Publishing House of the government National Assembly of the Republic of Armenia IRTEK Legal Database Constitutional Court Contact at [email protected] www.parliament.am/?lang=eng www.irtek.am/ENG/Database.html#ch7 www.concourt.am (web site not available) Full text in English, a comprehensive database, Summaries of decisions in English dating back Basic laws of the Republic of Armenia, decrees listing dates of amendments. ARLIS (Armenian Legal Information Service) to 1992. of the President, decisions of the National www.arlis.am Assembly, and decisions of the Government Ministry of Justice Armenian Court web site and Prime Minister, and decisions of the www.moj.am/en/page.php?17 www.court.am Constitutional Court. Decisions of the Council of Courts Chairmen, Department of State Property Management full text in Armenian. www.privatization.am/index. php?page=legislation&hl=en_US

Azerbaijan Ministry of Justice Ministry of Justice Legislation of Azerbaijan Constitutional Court www.justice.gov.az www.justice.gov.az/eng/index.php www.consulting.minimax.az/search www.constcourt.gov.az/en Information about five legal publications Some Acts and decrees available in English, Translations of legislation into English also Decisions in English since 1998. in English and Azeri; direct links to text of (links to legal database in Azeri only) available. publications is not available via this site. Surpreme Court President of Azerbaijan www.supremecourt.gov.az www.president.az/index.php Some decisions of the court in Azeri. Presidential Decrees. 9/17 10/17 Country Official gazette Government web sites with legal content Legal databases Court decisions

Belarus Belarus Legislation News Council of Ministers of the Republic of Belarus National Legal Internet Portal of the Republic Constitutional Court [web address?] National Centre of Legal Information of Belarus ncpi.gov.by/ConstSud/eng Weekly online newsletter, published by the www.law.by ftp.ncpi.gov.by/work/EnglPortal. Publishes an Official Bulletin National Centre for Legal Information, can be nsf?OpenDatabase subscribed to via the online portal. It is an [Name of institution] This is a comprehensive database of legal Supreme Economic Court update of the titles and a brief description of www.government.by/en/main.html acts, specific guides and acts for the www.court.by/en legal acts that have been registered in the commercial sector and information about the Information in English for foreign investors. National Register of Legal Acts, also decisions Supreme Court legislative process. of the President, decisions of the government www.court.by/en and regulations from government ministries.

Bosnia and Official Gazette of the Republic of Serbia Government of FBiH Office of the High Representative of FbiH Constitutional Court of BiH Herzegovina www.slglasnik.org www.fbihvlada.gov.ba/english/index.php www.ohr.int/ohr-dept/legal www.ccbh.ba/eng Free access, 2002 onwards. Chronological register of laws since 1996. The Court of BiH Ministry of Finance www.sudbih.gov.ba www.fmf.gov.ba List of laws, trial schedules, database of court Database of laws decisions can be sorted by case number and last name. Agency for Privatization in the Federation of Bosnia and Herzegovina www.apf.com.ba/o-agenciji/?cid=3,1,1

Foreign Investment Promotion Agency www.fipa.gov.ba

Bulgaria National Assembly – State Gazette Ministry of Finance Bulgarian Legal Portal Constitutional Court http://dv.parliament.bg/DVWeb/index.faces www.minfin.bg/en www.lex.bg www.constcourt.bg Full text and free access since July 2008. List of laws and regulations in English. Rules of law in force, Legal database in Summaries of decisions in English since Bulgarian and English. Information about the 1994. Ministry of Justice arbitration courts, patents, prosecution offices, www.justice.government.bg legal associations, legal digest. In September 2008 it was decided, by the Links to laws and draft laws. Bulgarian Supreme Judicial Council that all CIELA Bulgarian courts have to start publishing Supreme Court of Cassation www.ciela.net their decisions online. This followed criticism www.vks.bg/english/index.html Subscription access only. from the EU relating to delayed reforms in the Full text of legislation in English. judiciary.

Ministry of Economy,Energy and Tourism www.mi.government.bg Comprehensive collection of legislation in English. Country Official gazette Government web sites with legal content Legal databases Court decisions

Croatia Official Gazette of the Republic of Croatia Ministry of Labour, Trade and Entrepreneurship Supreme Court Sudacka mreža (‘Judges Web’) ‘Narodne novine’ www.mingo.hr www.vsrh.hr/EasyWeb.asp?pcpid=579 www.sudacka-mreza.hr/ www.nn.hr Legislation, regulations, treaties and portal of Contains a library of expert papers and Selected court decisions, overview of the legislation relating to procurement. presentations, lists of public sessions and a latest judicial practice of the Croatian High comprehensive database of legislation. Commercial Court. It allows public access to Ministry of Justice first and second instance commercial rulings. www.pravosudje.hr/ (information in Croatian Intellectio Iuris There are no charges for using the database. only) www.pravnadatoteka.hr/hrv/index_en.asp Ministry of Foreign Affairs and European Database of court decisions, opinions Constitutional Court Integration of authorities, index of articles and www.usud.hr/default.aspx www.mvpei.hr introductions/contents pages of legal titles, List of recent decisions on home page, Links to documents on EU Accession, as seminars and other published papers. database of decisions that can be searched by well as the Stabilisation and Association several factors and listed in an index. Agreement. Koreckt www.korekt.hr Access by subscription only, indivudual laws can be purchased and delivered via email.

Czech Republic Ministry of the Interior of the Czech Republic Parliament of the Czech Republic – Chamber SAGIT Legal Database Supreme Court Community Law Department of Deputies www.sagit.cz/ www.nsoud.cz www.mvcr.cz/clanek/odbor-legislativy-a- www.psp.cz/sqw/hp.sqw All rulings published since 2000. koordinace-predpisu.aspx Links to online Parliamentary library, collection Lex Dara (part of the CH Beck publishing of some basic laws and election material. house), Lex Data. C.H Beck (Official Publishers of Supreme Court www.lexdata.cz Decisions) www.beck.cz Lex Galaxy www.lexgalaxy.cz Supreme Administrative Court www.nssoud.cz Collection of decisions, in Czech only.

Estonia State Gazette Ministry of Justice Legal Translation Center Supreme Court www.riigiteataja.ee/ert/ert.jsp www.just.ee/?set_lang_id=2 www.legaltext.ee/indexen.htm www.nc.ee/?lang=en Free access to consolidated texts. Ministry of Finance www.fin.ee/?lang=en

Georgia Weekly Newsletter of the Parliament of Georgia Georgian-European Policy and Legal Advice Supreme Court www.parliament.ge/newsletter/english/index. www.parliament.ge Centre www.supremecourt.ge html Legislation since 1992. www.geplac.org Judgments and pending cases, in Georgian Weekly update re draft laws, statements and Inventory of laws in English, Georgian Law only. resolutions. Ministry of Finance Review in English. www.mof.ge Constitutional Court A searchable database of laws in Georgian. www.constcourt.ge Full text of judgments in English. Ministry of Economic Development www.economy.ge Supreme Council of Justice www.hcoj.gov.ge Only in Georgian

Tbilisi City Court 11/17 www.tcc.gov.ge 12/17 Country Official gazette Government web sites with legal content Legal databases Court decisions

Hungary Hungarian Official Journal Parliamentary Commissioner CompLEX Publishing Company Constitutional Court www.kozlonyok.hu/nkonline/index.php www.obh.hu/indexen.htm www.complex.hu www.lb.hu/english/index.html Reports published online since 1996. Statues enacted by the Hungarian Parliament Major decisions of the court in English since since 1990. 1992.

Legal Database www.mhk.hu/n_online/index.php By subscription.

FYR Macedonia Official Gazette of the former Yugoslav Ministry of Finance Legal Database Macedonian Legal Resource Centre Republic of Macedonia www.finance.gov.mk www.pravo.org.mk/formLOGIN.asp www.mlrc.org.mk www.slvesnik.com.mk Comprehensive list of laws in English. Legislation from 1992 in pdf format. Collection of laws in English. Registration (free) required. Ministry of Justice www.pravda.gov.mk Collection of laws in English.

Kosovo (Serbia) UNMIK UNMIK Constitutional Court Kosovo Property Agency www.unmikonline.org/regulations/index.htm www.unmikonline.org/regulations/ www.gjk-ks.org/?cid=2,1 www.kpaonline.org unmikgazette/index.htm Claims relating to property disputes.

Kazakhstan The official gazette Kazakhstan Pravdasy President of Kazakhstan Zakon.kz Information Portal Constitutional Council (No information available) www.akorda.kz www.zakon.kz www.constcouncil.kz/eng/main Updates about new laws published since Extensive collection of legislation in Russian. Decisions and intepretations of the Council in 2005. English. The Republican Centre of Legal Information E-Government Portal www.banknet.kz Supreme Court www.e.gov.kz/wps/portal A database of 19,000 legal documents, in www.supcourt.kz Legislative material not available in Englsh, Kazakh and Russian. Useful information about the court process in some in Kazakh. English, legislation not available in English. Kazecon Parliament www.kazecon.kz www.parlam.kz Online service with legislation, a doing Constitution, regulations and procedural order business guide and business news and of Parliament, Legislative Acts not available in analysis. English.

Ministry of Finance www.minfin.kz Only one law is available in English and budgetary information.

Ministry of Justice www.minjust.kz Legislation and draft laws not available in English.

[Name of insitution] www.fic.kz/ Links to description of legal framework, business guides, legal and taxation updates. Country Official gazette Government web sites with legal content Legal databases Court decisions

Kyrgyz Republic Official Gazette of the Jogorku Kenesh Supreme Council Adviser database Constitutional Court (Parliament) www.kenesh.kg www.adviser.kg www.ks.kg/ [No web site available] Links to legislative information and summaries Free subscription and access to legislative No information in English, decisions in Kyrgyz of hearings – only in Kyrgyz. material in Russian. and Russian.

Ministry of Finance Toktom Information Centre www.minfin.kg www.toktom.kg The web site has an English language option Full text of laws in Russian. but information not currently available. Lexadin www.lexadin.nl/wlg/legis/nofr/oeur/lxwekyr. htm A free internet resource, good collection of full text of laws in English and links to other resources, page last updated March 2009.

Legislation on judicial system of Kyrgyzstan www.laws.gov.kg Laws in Russian.

Latvia Latvian Herald Ministry of Justice Statutory Information System Constitional Court www.vestnesis.lv www.ur.gov.lv home.nais.lv/?l=en www.satv.tiesa.gov.lv Information on legal acts published free of Links to Commercial Register and Legal Acts, Subscription only. Database of laws, bills, Text of decisions – 1997 onwards, text of charge. in English. regulations, decrees, and international some judgments, summary of decisions and conventions and agreements. status.

Lursoft/Latlex Database Supreme Court www.lursoft.lv/ www.at.gov.lv Acts, regulations and court decisions, Latvian Database of civil, criminal and adminstrative only. decisions, in Latvia only.

Lithuania Official gazette (Parliament) Legal Information Centre Constitutional Court www.valstybes-zinios.lt/vpp31/lt/ www3.lrs.lt www.litlex.lt www.lrkt.lt Lithuanian only. Comprehensive, searchable database of laws Free access, full text, comprehensive Decisions and rulings of the court, 1993 with English translations. collection of Laws in English. onwards, in English.

Supreme Court of Lithuania www.lat.it Access to the rulings passed by the Supreme Court: civil cases (since 1995), criminal cases (since 2001), only in Lithuanian. 13/17 14/17 Country Official gazette Government web sites with legal content Legal databases Court decisions

Moldova Monitorul Oficial (official gazette) Parliament Legislation of the Republic of Moldova Constitutional Court www.moldpres.md www.parlament.md/en.html www.law-moldova.com/eng/legislation_ www.constcourt.md A weekly publication of laws adopted by the Legislation, draft laws, currrent and adopted republic_moldova.html Links to constitution, jurisdictional code, Parliament of the Republic of Moldova and draft papers. court decisions and news sections are Government decisions. Register of legal acts currently under construction. Ministry of Justice www.lex.md/ Parliamentary Bulletin www.justice.gov.md Subscription-based access, full text laws in www.parlament.md/news/pc/en.html Moldovan. Published monthly, online since 2003. Ministry of Information Development www.mdi.gov.md/en

Mongolia State bulletin Parliament of Mongolia National Legal Centre Constitutional Court [Web address] www.parliament.mn www.legalcenter.mn www.conscourt.gov.mn/Default.aspx The official publisher of all laws and Links to English home page not working. Since 2002 the National Legal Center has the Some decisions, 1993 onwards. Parliamentary resolutions (Mongolian only). exclusive right to publish the official text of all Foreign Investment and Foreign Trade Agency new legislation (Mongolian only). National Legal Centre www.investmongolia.com www.legalcenter.mn Full texts of laws in English, summary of the Lexadin – World Law Guide Since 2002 the National Legal Center has the legal framework and business climate in www.lexadin.nl/wlg/legis/nofr/oeur/lxwemon. exclusive right to publish the official text of all English. htm new legislation (Mongolian only). Full text of laws in English. State Property Committee www.spc.gov.mn Full text of laws, including civil code.

Montenegro Official Gazette of Montenegro Parliament of Montenegro Lexadin – World Legal Guide Constitutional Court www.sllrcg.cg.yu www.skupstina.cg.yu www.lexadin.nl/wlg/legis/nofr/eur/lxwemnt. www.ustavnisudcg.cg.yu/engleska/istorijate. Legislation in only. htm htm Some decisions in English and links to Ministry of Finance relevant legislation. www.gov.me/eng/minfin The Courts of the Republic of Montenegro Ministry of Justice www.sudovi.cg.yu/index2.php www.gov.me/eng/minprav ww.sudovi.co.me

Ministry of Economy www.gov.me/eng/minekon

Ministry of Interior and Public Administration www.gov.me/eng/minunutr Country Official gazette Government web sites with legal content Legal databases Court decisions

Poland Journal of laws and Official Journal Polish Lex Polonica Supreme Court www.rcl.gov.pl www.senat.gov.pl/indexe.htm www.lexpolonica.lexisnexis.pl www.sn.pl Government legislation centre. Constitution, rules and regulations. Polish version of Lexis Nexis Current versions and archive of judicial decisions,judicial bulletin,since 1999, Polish The Sejm Parliament (Lower House) Commercial Law Centre version. www.sejm.gov.pl www.prawo.org.pl Updates of laws and drafts, updated weekly, A comprehensive source of main laws Polish Constitutional Tribunal rules and regulations of the senate. –administrative law, commercial law, civil law www.trybunal.gov.pl and civil procedure law, tax law (Polish only). Summaries of judicial decisions in English, Polish Information and Foreign Investment since 1998. Agency Polish Legal Server www.paiz.gov.pl www.lex.com.pl Summaries and analysis of laws in English. Several regulations including the Polish Commercial Law, Banking Law, Tax Law, Labour Ministry of Justice Law, etc. Currently free of charge. Click on www.ms.gov.pl/en “Service” and then on “Zbiory Praw” to get access to the Polish versions of laws. Ministry of Economy www.mg.gov.pl Full text of relevant laws in English.

Romania Monitorol Oficial (Official Journal of Romania) Romanian Government DSC Lex Ministry of Justice, www.monitoruloficial.ro www.gov.ro www.dsclex.ro www.lexexpert.ro Publisher of laws, decrees, motions and Collection of laws in Romanian and English. Comprehensive collection of court decisions emergency ordinances. Chamber of Deputies (constitutional, city and regional courts) and www.diasan.vsat.ro Indaco – legal database legal texts Legal database, constitution, regulations www.indaco.ro/produseLegeStart.html of deputies, in Romanian, some material in Over 35,000 full-text documents. Subscription- French and English. based service, some information is freely available.

Russia Russia Gazette Russian Government ConsultantPlus Constitutional Court www.rg.ru/oficial www.government.ru www.consultant.ru/sys/english/Laws www.ksrf.ru/Docs/Pages/default.aspx Russian only – free access. This site contains all Russian governmental Decrees, regulations and ordinances from In Russian only, this site contains all decisions documents relating to the public (Russian Administration of the President of the Russian and resolutions of the Russian Constitutional only). Federation, Administration of the Government Court. of the Russian Federation, Administration of Russian President the Federation Council of the Federal Assembly Arbitration Courts in the Russian Federation www.kremlin.ru of the Russian Federation, Administration of www.arbitr.ru/ In Russian and English, this site contains the State Duma of the Federal Assembly of the Contains the majority of Russian commercial legislation and all Presidential decrees and Russian Federation, many federal ministries court decisions. English version is limited to other Acts. and governmental departments of the Russian overview of Russian court system and news. Federation. State Duma www.asozd.duma.gov.ru/main.nsf Garant Large collection of draft laws and enacted www.garant.park.ru legislation (Russian only). Garant (English version) Ministry of Justice www.egarant.ru www.minjust.ru 15/17 16/17 Country Official gazette Government web sites with legal content Legal databases Court decisions

Serbia Public Enterprise Official Gazette National Assembly ERBI Serbian Survey Supreme Court of Serbia www.slglasnik.com www.parlament.sr.gov.yu/content/eng/index. www.pregled-rs.com/index.php?lang=en www.vrhovni.sud.srbija.yu Access by subscription. asp Online (subscription only) access to full text of Constitution and rules of procedure, in English. laws in Serbian and English).

Ministry of Finance www.mfin.gov.rs/eng/ Links to laws, regulations and draft laws in English, also the Bulletin of Official Explanations and Official Opinions regarding Application of Financial Regulations (Serbian only).

Slovak Republic Official Journal of the Slovak Republic National Council of the Slovak Republic Lexadin Consitutional Court http://jaspi.justice.gov.sk/jaspiw1/jaspiw_ www.nrsr.sk www.lexadin.nl/wlg/legis/nofr/eur/lxweslw. www.concourt.sk/en.do maxi_fr0.htm Links to constitution, laws and parliamentary htm Rulings in English 1993-2003. Access to laws free of charge (Slovak only). committees. Comprehensive list of laws in English. Supreme Court of the Slovak Republic Ministry of Justice www.nssr.gov.sk www.justice.gov.sk/a/wf.aspx Decisions not available in English. Laws not available in English, companies register with English interface.

Ministry of Finance www.finance.gov.sk Links to laws and regulations in English.

Slovak Investment and Trade Development Agency www.sario.sk Links to key trade laws and rules on state aid in English.

Slovenia The Official Gazette of the Republic of Slovenia Natioanal Assembly of Slovenia Register of Legal Acts in Force Constitutional Court www.uradni-list.si www.dz-rs.si www.zakonodaja.gov.si/rpsi/rps_kazala.html www.us-rs.si/en Links to legislation and bulletins (Slovene Links to Constitution, laws and other All decisions adopted since 25 June 1991, only). regulatory material. Slovenian Business Portal (Doing Business can do a keword search or search by applicant, Guide) judgment, date. Ministry of Finance www.poslovniportal.si www.mf.gov.si/angl/index.htm comprehensive collection of legislation Supreme Court Banking, securities markets, taxation, www.sodisce.si/DefaultENG.htm procurement, payment transactions, Judgments passed since 1992 are available, investment funds, guarantees. only in Slovene.

Ministry of the Economy www.mg.gov.si/en Country Official gazette Government web sites with legal content Legal databases Court decisions

Tajikistan Laws, codes and decrees of Parliament are Parliament Tajik Development Gateway No information available. published in the Akhbori Majlisi Oli (Parliament www.parlament.tj www.tajik-gateway.org Gazette), not available online. No links to laws or constitution in English. Investment Oppurtunites of Tajikstan President of Tajikistan www.tajinvest.tj www.president.tj/eng/index_eng.htm Comprehensive list of laws. Some laws in Tajik and Russian, not in English. USAID – Reform Library Embassy of Tajikistan to the USA www.bei-ca.net/Library.asp?DocCountryID=4 www.tjus.org/ Comprehensive list of laws, in English and List of laws, information on tax and banking Russian. system. Hauser Global Law School Program at NYU School of Law www.nyulawglobal.org/globalex/Tajikistan.htm Links to codes and laws.

Turkmenistan Neutral Turkmenistan, Embassy of Turkmenistan in the USA World Law Guide – Lexadin No information available www.turkmenistan.gov.tm/_en www.turkmenistanembassy.org www.lexadin.nl/wlg/legis/nofr/oeur/lxwetmi. Published daily (except Sundays) in Russian). Laws and information on the investment htm environment. (list of laws in full text, in english)

Turkey Turkish Republic Official Journal Parliament (Grand National Assembly) Prime Ministry official web site Supreme Court www.rega.basbakanlik.gov.tr www.tbmm.gov.tr/english/english www.basbakanlik.gov.tr www.anayasa.gov.tr/general Laws and other bulletins, free of charge. Link to Constitution. Turkish legislation (password required). Not available in English.

Treasury Ministry Supreme Court www.treasury.gov.tr www.yargitay.gov.tr Cases not available in English.

Supreme Adminstrative Court Copies of laws, decisions not available in English.

Ukraine Official Gazette of the Ukraine Parliament of Ukraine LIGA Zakon Supreme Court www.gdo.kiev.ua/arhiv_zmist.php http://portal.rada.gov.ua www.liga.net www.scourt.gov.ua Ukranian only – free access. Ministry of Finance Unified State Register of Judgements Constitutional Court www.minfin.gov.ua/control/en/index www.reyestr.court.gov.ua/pls/apex/ www.ccu.gov.ua/en/index Laws and draft bills, links to public f?p=300:1:605825489069939 Text of opinions and decisions from 1997. consultation documents. State Court Administration of Ukraine Higher Arbitration Court www.kmu.gov.ua www.arbitr.gov.ua

Uzbekistan Ministry of Justice – Centre for Legal Parliament of Uzbekistan [Name of institution?] Uzbek Supreme Court Information www.parliament.gov.uz/en www.pravo.uz/english www.supcourt.gov.uz www.lex.uz List of laws approved since 2005 (in English). Published laws in Uzbek and Russian. Ministry of Justice

www.minjust.uz 17/17