1987. Különkiadvány, 1987.10.01 / HU_BFL_XIV_47_2
A Freedom of Information Lav must be enacted tbat defines the government's obligation to provide information.- The Freedom of Information Lav must specify the aubjects on which tbe goverament must officially inform tbe public.- The government's obligation to provide information must extend to data of public interest on tbe country's situation (e.g., the country's totál foreign debt, its structure, scheduled repayment, and debt-servicing costs), the govermnent's decisions, and the debates preceding them. Citizens are entitled to knov about the proposed alternatives, and vhich alternative the individual statesmen supported.- The Freedom of Information Lav must clarify tbe frequency and manner (govermnent announcement, a statement by the prime minister or the minister concerned, a press conference held by the government's spokesman, etc.) of providing mandatory information.- It vili be necessary to define vhat type6 of information the govermnent and its agencies may classify as State secrets. The principle must be enforced that the press may nőt be denied any information other than vhat has been lavfully classified. If the request fór information is denied, judicial reviev ought to be alloved to determine vhether the classification is lavful. Unlavful vithholding of information ahould be punishable as a misdemeanor or (in the case of information that the govermnent has an obligation to provide) felony. The citizens' individual and collective initiatives must be regulated. The lav nov in force specifically mentions only individual initiatives, referring to them as "statements and proposals in the public interest.'' Evén vithin this circle, hovever, the citizens' right to challenge in court the administrative decisions that do nőt violate directly their ovn personal interests is excluded. Furthermore, the lav obligates the administrative agencies concerned merely to reply, bút nőt to piacé the initiative on their agenda vhen that vould be varranted. The lav does nőt prohibit collective initiatives outright, bút it does nőt recognize them, either. The absence of a prohibition is sufficient to prevent the classification of somé concerted action of the citizens as unlavful, bút this is meager consolation, as ve very véli knov from experience. Cooperation betveen the participants ought to have special protection from official interference. There ought to be regulated mechanisms alsó fór officially acknovledging, debating and ansvering the initiative, and fór revieving the official procedure.- A comprehensive Lav on tbe Citizens' Initiatives vili have to be enacted. It should recognize as lavful the collection of signatures, the ataging of demonstration6 to attract attention, the distribution of handbills, and the holding of public debates. There should alsó be provisions specifying vhen a Citizen may appeal from an administrative decision to the courts. Fór example, in the case of administrative decisions that threaten the living environment or public health, or violate civil rights. W 10
