Strategic litigation
Court cases
54. FOICA vs. Regional Centers of RA
14.09.2017
On July 21, 2017 Freedom of Information Center of Armenia appealed to the administrative court against regional centers with the claim to recognize the inaction of municipalities not legitimate and to oblige them to publicize information.
As a result of the research, Freedom of Information Center of Armenia has confirmed that the regional centers have not publicized the 13 group of information of 2016
as required by the FOI law.
For the purpose of implementation of statutory goals every year till September Freedom of Information Center of Armenia estimates the level of public administration and local self-government through the Proactive Transparency and Freedom of Information Index by FOICA. In 2017 FOICA has also referred to the compliance of the regional centers with Part 3 of Article 7 of FOI Law, which obliges information holders to publicize the 13 group information on their own initiative.The Court hearing will take place on November 29, 2018, at 16:00 at the RA Administrative Court.
On July 1, 2022, the FOICA case against the regional centers took place.
Of the seven respondents, only the representative of Ijjan municipality, whose power of attorney had expired, appeared at the trial, so in fact the latter could not participate in the session.
The court proceeding was held without the participation of the representatives of the other defendants.
The court will announce the verdict in 2022. on June 22 at 2:04 p.m.
It should be noted that the purpose of this strategic lawsuit is to promote proactive transparency in local self-government bodies and to ensure the availability of information subject to mandatory publication by law.
On June 22, 2022 The Court of Appeal fully upheld the Freedom of Information Center's lawsuit against 7 municipalities (regional centers), obliging them to publish on their official websites all 13 groups 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 body of public authority is obliged to fulfill the duty established by 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 the RA Ashtarak, Armavir, Gavar, Hrazdan, Kapan, Yeghegnadzor, Ijjan municipalities to be obliged to declare their inaction illegal. 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 last hearing in the case, which lasted for about five years, took place on June 1, 2022. Only the representative of Ijan's municipality, whose power of attorney had expired, appeared at the hearing. The court proceeding was held without the participation of court representative of a party.
1. To satisfy the appellate complaint of the NGO "Center for Freedom of Information". 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 of Ashtarak, Armavir, Gavar, Hrazdan, Kapan, Yeghegnadzor and Ijevan jointly confiscate AMD 14,000 in favor of the NGO "Center for Freedom of Information" as compensation for the state duty paid for the claim and appeal.
The court announced its decision on June 22, 2022․