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

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

  • {'notes': 'Written request via postal mail', 'method': 'mail'}
  • {'notes': 'Direct delivery or oral request recorded by official', 'method': 'in_person'}
  • {'notes': 'Electronic submission via email', 'method': 'email'}
  • {'notes': 'Electronic submission via fax', 'method': '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

1

2

2

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