23
has published list of all public officials responsible
for granting access to public documents at each
institution.
62
However, despite
established legal framework
for the access to public documents and some im-
provements on the administrative side, there is lack
of efficient response by the Kosovo institutions at
the
central and the local level, and there is limited
granted access to key public documents with high
public interest. At the side of Kosovo institutions all
rejections of request for the access to public docu-
ments are based on
the Kosovo Law which allows
withholding some information from the public.
The Article 12 of the Law gives a number of reasons
why by Law some documents or information can be
considered as classified,
but the definitions are too
general.
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This generates some vagueness in clari-
fying what information is not allowed to be public.
Consequently, if the documents required to be ac-
cessed are of public interest and they contain infor-
mation which government officials do not want to
reveal, it increases probability
that public officials
will tend to categorize these documents under the
protected documents. Hence, each public official
dealing with access to public documents should be
provided with clear and
unambiguous instructions
related to the information they are obliged to reveal
to the public. However, if citizens demand informa-
tion on the investments financed by their own mon-
ey, there should be no reason for upholding this
information from them.
Nevertheless, Kosovo
authorities have denied
access to public documents in some cases (BTI,
2012). The most relevant case is the contract on
the construction of the highway “Ibrahim Rugova”
which absorbed around 40% of the annual capital
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