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The Moldsilva case

Type of court
National - higher court
Date
Jun 23, 2008
Source
UNEP, InforMEA
Court name
Curtea de Apel Chisinau
Reference number
No. 3 – 2039/2008
Language
Romanian
Subject
Environment gen., Legal questions
Keyword
Public participation Access-to-information
Abstract
A non-governmental organization, Eco-TIRAS International Environmental Association of River Keepers (Eco-TIRAS), submitted a request to the State Forestry Agency ‘Moldsilva’ (a government agency) for the disclosure of a number of contracts for the rent of lands administered by the State Forestry Fund. Moldsilva refused this request on the grounds of the large volume of the requested information, and also asked the NGO to justify its interest in that information. The request for information was repeated, as was the refusal. The second time Moldsilva referred to the newly passed Governmental Regulation No. 187 that stipulated that the Agency had an obligation to keep confidential from third parties such information, and that if it failed to do so, the Agency would risk having to pay for any damages caused. None of the two letters of refusal provided the NGO with information on access to a review procedure. Eco-TIRAS then brought an action in the Court of Appeal Chisinau challenging this decision and claiming that Moldsilva was obligated to provide the copies of all contracts as requested. The administrative action relied on the relevant provisions of Moldovan legislation, namely articles 21 and 25 of the Law on Access to Information and articles 5, 14, 16, 24 and 25, paragraph 1 (b), of the Law on Administrative Courts, and also referred to the definition of ‘environmental information’ contained in article 2.3 of the Aarhus Convention.