{"id":"SRB-074","notes":"DUAL-CODED: Stage 6 structural enabler (weakening transparency infrastructure that CSOs rely on for documentation) + specific Phase 4 activation (December 2024 short consultation). Coded Stage 6 as primary because the structural impact — if the abuse of rights clause passes — serves all future campaigns by making it harder to document state behavior. Key analytical point: working group composed exclusively of public administration representatives = consultation capture. Same pattern as media law working groups (SRB-075). Partners Serbia: 64% of Commissioner decisions in 2021 were abuse of rights cases — demonstrating this provision is systematically weaponized, not edge cases. Status: consultation closed December 23 2024 — adoption status TBC.","country":"Serbia","sources":[{"url":null,"citation":"Partners Serbia statement November 12 2024 (https://www.partners-serbia.org/); CINGO Second Report on Serbia September 2025; EU 2024 Serbia Progress Report (cited in CINGO)"}],"summary":"Ministry of State Administration and Local Self-Government proposes amendments to Law on Free Access to Information of Public Importance — public debate deadline December 23, 2024. Key problematic provision: reintroduction of \"abuse of rights\" clause allowing public bodies to reject otherwise valid information requests by claiming misuse. Working group composed exclusively of public administration representatives — obligors of the law — with no independent civil society. Partners Serbia: \"64% of Commissioner's decisions in 2021 were cases where the reason for rejection was the instrument of abuse of rights\" — demonstrating public bodies systematically misuse this provision. Two roundtables held December 2024 (Niš and Belgrade) — tight timeline for comprehensive legal reform. Partners Serbia: proposals \"diminish the already achieved level of the right of the public to know and leave room for an excessive restriction of this right by authorities.\" CINGO second report (Sep 2025) independently confirms: \"The EU 2024 Serbia Progress Report notes that a significant share of the Commissioner's decisions goes unexecuted — especially those filed by journalists.\" GRECO recommendations on anti-corruption transparency not addressed. No changes to key structural failures: failure to enforce Commissioner's decisions; inefficient inspection supervision; impeded access regarding Government, President, National Assembly — bodies where Commissioner has no jurisdiction.","tactics":[{"code":"TC-18","role":"primary","label":"Legislative Operationalization","needs_review":false}],"version":1,"channels":["Official/Regulatory"],"entities":[{"id":977,"name":"Ministry of State Administration and Local Self-Government; Government of Serbia","role":"actor","entity_type":"Government Official"},{"id":978,"name":"Civil society organizations; journalists; citizens exercising right to public information; investigative media (KRIK, BIRN et al.)","role":"target","entity_type":"Sector"}],"date_text":"Nov 2024","created_at":"2026-09-24T17:50:55.358311+00:00","escalation":6,"harm_track":"Track 1 — Legal/Administrative","narratives":[{"code":"NF-09","role":"primary","label":"Political Interference","needs_review":false},{"code":"NF-07","role":"secondary","label":"Democratic Mandate Attack","needs_review":false}],"report_ids":[],"signal_ids":["SIG-SRB-074"],"updated_at":"2026-09-24T17:50:55.358311+00:00","occurred_on":"2024-11-01","campaign_ids":["SRB-CAMP-007"],"enabler_type":"Legislative Framework","response_ids":[],"trigger_type":"TR-02: Civic Mobilization","campaign_phase":"Stage 6: Structural Enabler","civic_response":"Partners Serbia formal response November 2024 — demands withdrawal of abuse of rights clause; requests broader stakeholder inclusion; CINGO second report documents as transparency regression","date_precision":"month","enabler_status":"Active — under parliamentary procedure","campaigns_served":["SRB-CAMP-003","SRB-CAMP-006","SRB-CAMP-007"],"consequence_category":"Legal/Administrative","institutional_consequence":"\"Abuse of rights\" clause reintroduced enabling public bodies to reject valid information requests; working group excludes civil society; Commissioner's enforcement powers not strengthened; journalists face heightened barriers to public information access"}