Strategic victory in the field of proactive transparency

June 24, 2022

The Administrative Court of Appeal fully satisfied the Freedom of Information Center’s lawsuit against 7 municipalities (regional centers), obliging them to publish on their official websites all 13 categories of information subject to mandatory publication defined by the RA Law on Freedom of Information.

This is the first court precedent in Armenia, which refers to proactive transparency; the local public authority was obliged to fulfill the duty established by the FOI law to ensure proactive transparency, based on a judicial act.
2017 on July 21, 2012 the Freedom of Information Center filed a lawsuit in the RA Administrative Court against Ashtarak, Armavir, Gavar, Hrazdan, Kapan, Yeghegnadzor, Ijevan municipalities to oblige them to publish mandatory information. In its decision of December 19, 2018, the court rejected the FOICA’s lawsuit. The FOICA appealed the court decision to the RA Administrative Court of Appeal.

The court hearing lasted for about five years. The last session took place on June 1, 2022 during which only the representative of Ijevan’s municipality appeared at the hearing. The court proceeding was held without the participation of the court representatives of other parties.

The court announced its decision on June 22, 2022․

1. To satisfy the complaint of the NGO Freedom of Information Center. Revoke and amend the decision of the Administrative Court of the Republic of Armenia of December 19, 2018 in administrative case No. VD/10811/05/17. The municipalities of Ashtarak, Armavir, Gavar, Hrazdan, Kapan, Yeghegnadzor and Ijevan, who failed to fulfill their obligations under Article 7, Parts 3 and 5 of the RA Law “On Freedom of Information”, obligate Ashtarak, Armavir, Gavar, Hrazdan, Kapan, Yeghegnadzor and Ijevan municipalities to publish 13 groups of information defined by Article 7, Part 3 of the RA Law “On Freedom of Information” on their websites.

2. The municipalities jointly to pay AMD 14,000 in favor of the NGO Freedom of Information center as compensation for the state duty paid for the claim and appeal.

Details of the case here.
You can get acquainted with the lawsuit here.