The Constitutional Court of the Republic of Macedonia on its session held on November 26, 2008, decided not to start procedure for determining of the constitutionality and lawfulness of the line V.1 of the section: “through the information holders” from the Guidebook, concerning the procedure for implementation of the Law on Free Access to Public Information, adopted by the Commission for Protection of the Right to Free Access to Public Information.
The Constitutional Court, based on article 110 from the Constitution of the Republic of Macedonia and article 71 from the Rules of Procedure of the Constitutional Court of the Republic of Macedonia (“Official Gazette of the Republic of Macedonia no. 70/1992), brought a DECISION NOT TO START A PROCEDURE on the initiative made by S.F. from Skopje for determining the constitutionality and lawfulness of the mentioned Guidebook.
According to S.F. from Skopje, who initiated the procedure, the mentioned section was contrary to article 28 of the Law on Free Access to Public Information. Yet the Court determined that if the information holder did not act in accordance to the articles 20, line 4According to S.F. from Skopje, who initiated the procedure, the mentioned section was contrary to article 28 of the Law on Free Access to Public Information. Yet the Court determined that if the information holder did not act in accordance to the art. 20, line 4; art. 24, line 4 and art. 26, line 1 of the Law on Free Access to Public Information, the applicant for information has the right to a complaint…
…Among other things, in its explanation, the Constitutional Court pointed out that in the article 233 from the Law on General Administrative Procedure, which manages the issue of submitting of complaints, determines that the complaint should be given directly or should be mailed to the organ that brought the first degree decision (line 1). If the complaint is given directly or mailed to the second degree organ, it should immediately resend it to the first degree organ (line 2). The complaint given directly or mailed to the second degree organ within the legal deadline is considered as sent to the first degree organ.