In organization of the European Commission by the TAIEX instrument, in cooperation with the Commission for Protection of the Right for Free Access to Public Information, in the premises of the Commission was held two-day Expert mission on topic:,,Comparative experiences from the complaint procedure and the role of the Commissioners, Commissions and other bodies in mediating with public information’’. The expert of Romania Ion Galea, members of the Commission and the employees in Secretariat, also participated the officials of the Principal court, Skopje.Greeting the participants, the president of the Commission Pece Tashevski, expressed hope that the official meeting will be real opportunity to exchange experiences and good practices of the Commission and courts of right of free access to public information and complaint procedure area, with expert from Republic Romania. In the last six years were submitted to the Commission total 2318 complaints, which when acting, the Commission has always had in consideration firstly the provisions of the Law for Free Access to Public Information, which in this area is lex specialis, but also consulted other legal decisions which were involved in the concrete procedure, stated Tashevski.
The representatives of the Secretariat of the Commission presented the Macedonian experience in the implementation of the complaint procedure according with the Law for Free Access to Public Information referring to the specific cases.
The expert of the Romania Ion Galea, General director of the law department in the Ministry for Foreign Affairs in Republic Romania, spoke on the topic,, Complaint procedure in accordance with the Romanian Law for Free Access to Public Information in 2001’’, and referred also to the comparative experiences on the complaint procedure, by the presentation of specific studies of the case in aspect of Romanian experience, also more wider.
In Romania, unlike Macedonia has no special Commission obligated for implementation of the free access to public information and for the acting upon complaints, and the main control is in the jurisdiction of the courts. Each organ or institution in central level is obligated to form department responsible for public information and office for relations with the media. According to Galea, the obligation of regional units of central authority is to form office for information and relations with public and to indicate person for relations with media, whereas the municipalities are obligated to indicate persons for relations with the public and relations with the media.
The decisions of the courts are obliged and the holders most commonly compare them, but the problem occurs when the courts work other subjects, and is evidently unequal interpretation of the laws by different judicial instances. If the judicial decision will not be implemented in the legal 30 days, it is predicted fine from 20% of the minimal gross salary for each day of delay, whereas furthermore failure to comply the judicial court for criminal act is sanctioned with prison in duration from six months to three years.
