1. ` Going From Mediocre to… Mediocre: An Analysis of Montenegro’s Proposed RTI Reforms Prepared and Presented by Michael Karanicolas

2. Secret Information Open Information

3. Secret Information

4. Montenegro’s Score: Right of Access: 5/6Right of Access: 5/6 Scope: 30/30Scope: 30/30 Requesting Procedures: 20/30Requesting Procedures: 20/30 Exceptions and Refusals: 21/30Exceptions and Refusals: 21/30 Appeals: 4/30Appeals: 4/30 Sanctions and Protections: 6/8Sanctions and Protections: 6/8 Promotional Measures: 5/16Promotional Measures: 5/16 –Total Score: 91/150

5. Montenegro’s Score: 28 th : Chile 28 th : New Zealand 30 th : Montenegro 31 st : Armenia 31 st : Trinidad and Tobago 31 st : Uruguay

6. Regional Comparator: Current Law 1. Serbia: 135 (1 st overall) 2. Croatia: 123 (6 th overall) 3. Macedonia: 108 (14 th overall) 4. Kosovo: 106 (15 th overall) 5. Bosnia and Herzegovina: 98 (24 th overall) 6. Montenegro: 91 (30 th overall) 7. Albania: 70 (63 rd overall)

7. Regional Comparator: New Law 1. Serbia: 135 (1 st overall) 2. Croatia: 123 (6 th overall) 3. Macedonia: 108 (14 th overall) 4. Kosovo: 106 (15 th overall) 5. Bosnia and Herzegovina: 98 (24 th overall) 6. Montenegro: 94 (28 th overall) 7. Albania: 70 (63 rd overall)

8. Montenegro’s Scores: Old Law: Right of Access: 5/6Right of Access: 5/6 Scope: 30/30Scope: 30/30 Requesting Procedures: 20/30Requesting Procedures: 20/30 Exceptions and Refusals: 21/30Exceptions and Refusals: 21/30 Appeals: 4/30Appeals: 4/30 Sanctions and Protections: 6/8Sanctions and Protections: 6/8 Promotional Measures: 5/16Promotional Measures: 5/16 –Total Score: 91/150 New Draft Law Right of Access: 6/6Right of Access: 6/6 Scope: 29/30Scope: 29/30 Requesting Procedures: 23/30Requesting Procedures: 23/30 Exceptions and Refusals: 13/30Exceptions and Refusals: 13/30 Appeals: 10/30Appeals: 10/30 Sanctions and Protections: 6/8Sanctions and Protections: 6/8 Promotional Measures: 7/16Promotional Measures: 7/16 –Total Score: 94/150

9. Problematic Exceptions: Heads of information that are overly broadHeads of information that are overly broad Heads of information that are illegitimateHeads of information that are illegitimate Heads of information that should not necessarily be classifiedHeads of information that should not necessarily be classified Heads of information that should definitely be disclosedHeads of information that should definitely be disclosed Problems with the harm test and public interest overrideProblems with the harm test and public interest override

10. Strengths of the New Law Good proactive publication regimeGood proactive publication regime Inclusion of an oversight bodyInclusion of an oversight body Better requesting proceduresBetter requesting procedures

11. Weaknesses of the New Law Very problematic exceptions regimeVery problematic exceptions regime The oversight body remains weak, and lacks independence or a mandate focusing entirely on the right to information.The oversight body remains weak, and lacks independence or a mandate focusing entirely on the right to information.

12. Montenegro Constitutional Protection: Article 54Article 54 Everyone shall have the right to access information held by the state authorities and organizations exercising public authority. The right to access to information may be limited if this is in the interest of: the protection of life; public health; morality and privacy; carrying of criminal proceedings; security and defense of Montenegro; foreign, monetary and economic policy.

13. Regional Comparator: New Law 1. Serbia: 135 (1 st overall) 2. Croatia: 123 (6 th overall) 3. Macedonia: 108 (14 th overall) 4. Kosovo: 106 (15 th overall) 5. Bosnia and Herzegovina: 98 (24 th overall) 6. Montenegro: 94 (28 th overall) 7. Albania: 70 (63 rd overall)

14. Thanks for listening!