Public authorities are obliged by law to help requesters to identify the requested information
Review of relevant legislation to verify that public authorities are obliged by law to help requesters identify the requested information. The criterion does not require a specific law on access to information, but it does require that the right to access public information is enshrined by a law, not being admissible through bylaws, government decrees, or similarly lower hierarchical norms.
The legal deadline for providing public information is a maximum of 15 days, with the possibility of a justified extension of 15 days extra
Review of relevant legislation to verify that the legal deadline for providing public information is a maximum of 15 working days, with the possibility of a justified extension for an extra 15 working days. The deadline of 15 working days plus the extension of 15 working days is taken from the Regulation (EC) No. 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (Art. 7). Even though this regulation does not apply to EU Member States, but to EU institutions, it can be used as a threshold for a reasonable short deadline. The criterion does not require a specific law on access to information, but it does require that right to access to public information is enshrined by a law, not being admissible through bylaws, government decrees, or similarly lower hierarchical norms.
The legal framework establishes the obligation to provide the information in the requested format
Review of relevant legislation to verify that public authorities are obliged by law to provide the information in the requested format. The criterion does not require a specific law on access to information, but it does require that right to access to public information is enshrined by a law, not being admissible through bylaws, government decrees, or similarly lower hierarchical norms.
Fees for accessing public information do not exceed the actual cost of reproduction and delivery
Review of relevant legislation to verify that fees for accessing public information do not exceed the actual cost of reproduction and delivery. The criterion does not require a specific law on access to information, but it does require that right to access to public information is enshrined by a law, not being admissible through bylaws, government decrees, or similarly lower hierarchical norms.
Rate of first instance appeal decisions that ruled in favour of the requester of public information
Review of government documentation to calculate the rate of first instance appeals (administrative appeals, whether they exist or first instance Courts) that ruled in favour of the requester of public information. Points are allocated depending on the first instance denials to requests of access to public information across all central public administration which were overruled by the second instance administrative body and/or the courts (x): • x > 50% = 0 points • 20% ≤ x ≤ 50% = linear function • x < 20% = 11 points.