CENTER FOR ALTERNATIVE DISPUTE RESOLUTION "CONSENSUS"

CENTER FOR ALTERNATIVE DISPUTE RESOLUTION "CONSENSUS"

CONTACT

Bulgaria
Varna, 9000
bul. Saborni 28, et.2

+359 878 608718
+359 52 608 718

sdr.konsensus@gmail.com

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Project: "Citizens and Local Authorities – For Access to Information in Defense of the Public Interest"

Project

"Citizens and Local Authorities – For Access to Information in Defense of the Public Interest"

Funding organization

Funded by the European Social Fund (ESF) of the European Union through the Operational Programme "Good Governance", under the procedure for "Enhancing Civil Participation in Policy and Legislation Formulation, Implementation, and Monitoring."

Implementation Period

The project was implemented over a period of 14 months and successfully concluded on 24 October 2024, achieving all predefined performance indicators.

Budget

BGN 45,448.79, with 100% grant financing

Goals and tasks

  • Проектът е партньорска инициатива за анализ на проблемните области в прилагането на Закона за достъп до обществена информация с цел формулиране на предложения за законодателни и др. нормативни промени във вътрешно ведомствените документи на административните органи, които да позволят бързо, точно и ефективно осигуряване достъп до обществена информация на граждани и ЮЛ.
  • Проектът има за цел да предложи по-ефективни механизми за гражданско участие в процесите на формиране, изпълнение и мониторинг на публични политики, чрез усъвършенстване на нормативната база и ел. управление на услугите за граждани. Тези механизми ще способстват за постигане на едно прозрачно и по-ефективно управление, което да спестява публичен ресурс и да осигурява благоприятна за развитието на икономическите отношения среда.

Results

An expert team conducted a legal analysis of the framework governing access to public information (API) and reviewed the case law of the Administrative Court – Varna and the Supreme Administrative Court, identifying legislative gaps that could compromise the public interest in accessing information.

The internal rules of Varna Municipality regulating administrative actions in the provision of requested information were analyzed, along with the mechanisms for tracking the movement of citizen requests, signals, and complaints. Data on the volume of correspondence for a three-year period (broken down by month and year) was collected and analyzed. The municipality's legal expenses related to lawsuits were also reviewed, evaluating the need for separate budget allocations for staff to handle information requests from journalists and civil society organizations more efficiently.

Varna Municipality actively cooperated by providing internal regulatory documents for analysis. A municipal legal expert was part of the team, responsible for synchronizing potential solutions with internal normative frameworks. The association also included an expert judge from the Administrative Court – Varna, who reviewed API-related cases involving the Municipality of Varna from the three years prior to the project. A comprehensive analytical report was prepared, outlining key challenges in the application of the Access to Public Information Act (APIA) and the municipal administrative process.

The analysis formed the basis for proposals for legislative and internal regulatory changes for the Municipality of Varna. Topics addressed include:

Legal procedure and deadlines for providing information – explicit regulation of written refusals.

Structure and internal workflow of Varna Municipality – ensuring accountability and preventing silent refusals through clearer delegation and coordination.

Sanctions under Articles 304 and subsequent of the Administrative Procedure Code.

Clear designation in the law of the official responsible for executing court rulings, including liability for non-compliance.

The role of internal and external audits in overseeing compliance with APIA and court judgments, including the imposition of personal sanctions where necessary.

Based on the findings regarding the online tracking system for correspondence, recommendations for optimization were developed:

Citizens should be able to view the real-time status of their requests and see in which department any delay occurs.

Deadlines for official responses at each stage of the administrative process should be clearly stated and communicated.

When a case is transferred to another competent authority, this must be reflected in the file to ensure transparency and traceability.

These issues were also summarized in a set of proposals for normative changes to Varna Municipality's internal regulations.

An expert team drafted legislative amendment proposals and suggested changes to the internal procedures of Varna Municipality to improve transparency, efficiency, and public service delivery regarding access to information.

After finalizing two comprehensive reports, the project partners launched a broad awareness campaign to present results to the general public and engage institutions with legislative initiative powers, aiming for long-term impact.

The campaign used digital communication channels, social media, and the organization’s website. A virtual roundtable was held on 7 September 2023, gathering 33 participants from across Bulgaria, including media representatives, citizens, and civil society organizations. The roundtable focused on improving administrative processes for access to public information and included key contributions from:

Chief Legal Adviser Svetlana Tsaneva – Municipality of Varna
(Presentation by Chief Legal Adviser Tsaneva)

Judge Elena Yanakieva, Chairperson of the Administrative Court – Varna
(Presentation by Judge Yanakieva)

Ms. Purvoleta Komitska, representative of the Managing Authority of the Operational Programme “Good Governance”

The event fostered structured dialogue between administration, judiciary, and citizens, promoting greater public engagement in finding local solutions.

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