Madrid, 07 November 2024 – Access Info, in collaboration with national partners, has published comprehensive recommendations to strengthen access to information laws in Greece and Moldova, ensuring alignment with global standards, including the Council of Europe’s Tromsø Convention on Access to Official Documents.

This analysis, part of the Access to Information Network Project, was conducted in partnership with Vouliwatch in Greece and Lawyers for Human Rights in Moldova. It assesses each nation’s legal framework against international best practices on access to information and the benchmarks established by the Tromsø Convention.

“Our analysis highlights the contrast between Moldova and Greece in their approaches to regulating the right to information: while Moldova has recently adopted a new law and ratified the Tromsø Convention, Greece’s legal framework remains fragmented across multiple laws and it is yet to sign the Convention. Despite these differences, both countries face critical gaps in transparency that demand reform to ensure meaningful public access to information.” said Rachel Hanna, Access Info.

Key Findings in Greece: Although Greece enshrines the right to access information in its Constitution, significant legislative gaps hinder its effective implementation:

  • Fragmented Legislation: The right to information is scattered across multiple laws, creating confusion and inconsistent application.
  • Broad Exceptions: Exceptions often defer to other laws and lack adequate harm and public interest tests.
  • Weak Oversight Mechanisms: There is no independent authority with the power to enforce compliance, apply sanctions, monitor the law’s implementation, or conduct training for public officials.
  • Complex Procedures: The processes for submitting and appealing information requests are ambiguous and lack clarity.

Despite being a member of the Council of Europe, Greece has yet to sign the Tromsø Convention, missing an opportunity to further bolster its transparency framework.

“The findings of our analysis of Greece’s legal framework pertaining to the right to information and access to documents, underscore the pressing need for Greece to ratify the Tromsø Convention. Despite the recent amendment of Article 5 of the Administrative Code of Procedure, which was misleadingly presented as an important step towards the ratification of the Convention, we believe that more bold and decisive steps need to be taken in order to fully align with its provisions. The recommendations developed with Access Info constitute a comprehensive road map towards creating a solid legal framework advancing the right to information in Greece. Vouliwatch remains dedicated to advocating for their adoption by the Greek Government,” said Stefanos Loukopoulos, Vouliwatch

Download the recommendations: 

Key findings in Moldova: The right of access to information is also a constitutional right in Moldova, regulated under the recently adopted Law No. LP148/2023 on Access to Information of Public Interest. Moldova also ratified the Tromsø Convention in 2013, with its provisions becoming enforceable in 2020. Despite this, several critical issues need addressing in the legal framework:

  • Scope of the Law: Other laws can override the Access to Information provisions, weakening the law’s overall efficacy.
  • Lack of Public Interest Test: Some exceptions are absolute and do not require a balancing of public interest.
  • Need for Training and Awareness: There is insufficient emphasis on educating public officials and informing the public about their rights.
  • Oversight Limitations: The People’s Advocate lacks the authority necessary to ensure comprehensive oversight.

“The adoption of Law No. LP148/2023 and the signing of the Tromsø Convention mark a critical moment for transparency and public access to information in Moldova. However, to truly reflect international best practices and uphold the right to information, there is an urgent need for further legal and policy reforms. Strategic litigation continues to highlight inconsistencies in the application of this law, signalling that more comprehensive measures are needed to bridge the gap between theory and practice. Our recommendations aim to strengthen the right to information, enhance oversight mechanisms, and promote a culture of openness within public institutions.” said Vitalie Zama, Lawyers for Human Rights.

Download the recommendations: 

About the Access to Information Network Project: Access Info Europe, along with mySociety and Open Knowledge Foundation Germany, are partners of the ATI Network Project. This three-year project aims to build a cohesive, wide, and activated community that is working to strengthen the right of access to information across the European region.