Recurrent: Ministry of Foreign Affairs, European Union and Cooperation
Resolution appealed: R CTBG 0139/2025
In exercise of the right of access to public information, the Ministry of Foreign Affairs, European Union and Cooperation was asked for access to information on the call for the provision of three seats in the embassies of Estonia, Finland and Argentina, as well as various statistical information on the allocation of seats by the system of free appointment abroad.
The Ministry does not accept the request on the basis of the provisions of subparagraphs (a), (c) and (e) of article 18.1 LTAIBG, as well as the provisions of the First Additional Provision, first paragraph of the norm (D.A.1.1 LTAIBG). Specifically, it states the following: (i)considers D.A.1.1. LTAIBG to be applicable to the first four issues of the application, considering that the applicant has the status of interested party in a procedure that is still under way; understands that it is necessary to undertake a preliminary reprocessing task in respect of the requests for access in points 5, 7; points out that the information sought in point 8 of the application (statistical information on the officials who participated in the call for the provision of 76 jobs by the system of free designation of the Resolution of 30 January 2024 of the Undersecretary of the Ministry of Foreign Affairs, European Union and Cooperation) has been partially resolved in the process of the
The Council partially estimates the claim, and urges the Ministry to provide a response to the first four subparagraphs of the application (relating to documentation on the files of the posts referred to in the application and the award criteria), dismissing the claim in respect of the remaining subparagraphs when the inadmissibility case provided for in article 18.1.c) LTAIBG is assessed. In this case, the request is not a pre-existing information in the Ministry or that is directly available in the ministerial department, since it does not appear in the terms required by the applicant, since it is dispersed in the various calls. Making it available to the claimant would require the preparation of a specific ad hoc report in accordance with the detailed and elaborate parameters defined by the claimant.