On 8 June 2020, Balkan Green Foundation, Institute GAP, Group to Legal and Political Studies, and the Institute for Development Policy, on the basis of the law on Access to Documents Public and Judgment of the Court of Appeal of Kosovo, have re-sent the request for access to official documents to the Ministry of Economy and Environment, for the project that already failed, the power plant ' Kosova e Re'.
Specifically, access was re-asked for: (1) final call for application sent to prequalified companies and (2) changes in the tenders package that have occurred from the first call for pre-qualification until the selection of tenderers and the reasons for changes in the package.
Above mentioned documents have been asked before, but access to them was not granted. As a result, we sued the Ministry of Economic Development. We would like to remind you that we have won the lawsuit against the Ministry of Development Economics at the Court Fundamental to Prishtina, which then have access to the documents related to the process of tendering for the construction of the power plant "Kosova e Re". However, MED then chose to defend the rights of an international company facing the implementation of a decision of the court to the required transparency of documents and decisions public. As a result, MED has filed a complaint, through the authorized representative of the Ministry of Justice - State Advocacy. But the Court of Appeal, the judgment of the date 03.05.2020, found that complaints of MED's had no basis and that the judgment of the appeal was confirmed as right and lawful.
Such a decision guarantees the interest of citizens and the right of them to be informed, unfortunately, comes quite late, after the signing of the commercial contract amid the Government of Kosovo and 'Contour Global' which already has claims to obligations financial.
Decisions of institutions public to refuse access to the public documents constitutes a violation of a principle, essential to the rights of man, freedom of information and transparency of decision public. We hope that the leadership of the current of the Ministry of Economy and Environment will not continue the same practices and will implement the decision of the court and provide required documents.
This is the fourth verdict giving rights to NGOs for access to the public documents, which have illegally been kept secret by the MED.
Balkan Green Foundation (BGF)
GAP Institute
Group for Legal and Political Studies (GLPS)
Institute for Development Policy (INDEP)
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