Open Records Laws › Montenegro

Montenegro

Law on Free Access to Information (Zakon o slobodnom pristupu informacijama)

Law on Free Access to Information (Zakon o slobodnom pristupu informacijama), Official Gazette 44/12, 30/17

Open Records Transparency: 59/100 (moderate) Transparency Score: 59/100

RTI Rating: 89 (source)

Response Timeline

Initial Response
15 days
Extension
8 days
Residency Required
None

15 working days. Extension of 8 days for voluminous, classified, or multi-source requests. Urgent: 48 hours for threats to life or freedom.

How to Submit a Request

Accepted Methods

  • Mail — Written request via postal mail
  • In person — Direct delivery or oral request recorded by official
  • Email — Electronic submission via email
  • Fax — Electronic submission via fax

Any domestic or foreign natural or legal person may request without obligation to state reasons or explain interest. Oral requests must be recorded by authority.

Required Elements

  • Name or identifying details of the information requested
  • Desired access method (inspection, copy, etc.)
  • Requester name
  • Requester address (individuals) or registered address (organizations)

Optional Elements

  • Reason for request (not required by law)
  • Explanation of interest in information (not required by law)

Fees

Montenegro permits charging for material costs of reproducing and delivering information. On-site inspection is free. Specific rate schedules not publicly available in English.

Exemptions

  • Protection of Life
    Information that would significantly undermine the protection of life
  • Public Health
    Information that would significantly undermine public health
  • Morality and Ethics
    Information that would significantly undermine public morality or ethics
  • Privacy and Personal Data
    Information that would significantly undermine individual privacy or violate personal data protection
  • Criminal Proceedings
    Information that would significantly undermine the conduct of criminal proceedings
  • Security and Defence
    Information that would significantly undermine the security and defence of Montenegro
  • Foreign Policy
    Information that would significantly undermine Montenegro's foreign policy
  • Monetary and Economic Policy
    Information that would significantly undermine Montenegro's monetary and economic policy

Strict harm test: disclosure must "significantly undermine" protected interests. All exemptions are discretionary. Public interest override is available. Venice Commission noted concerns about vague formulations giving authorities broad interpretive discretion.

Appeal Process

1

Appeal to Agency (APDP)

Agency must decide within 15 days. Administrative silence (failure to respond) is the most common complaint type.

2

Judicial Review at Administrative Court

Available if dissatisfied with Agency decision or Agency fails to respond. Significant backlog: proceedings average ~739 days. Compensation of EUR 363 for attorney fees when deadlines are exceeded.

Two-tier system: (1) Agency appeal within 15 days of refusal/silence; (2) Administrative Court judicial review. Major bottleneck: court proceedings average over 2 years. Constitutional guarantee under Article 51.

Sources & References