التنظيم القانوني لحق الحصول على المعلومات : دراسة مقارنة == The Legal Regulation Of The Right Of Getting To Information comparative study
Author name:
زينه صاحب كوزان عبد العباس
Supervisor name:
رافع خضر صالح شبر
General topic:
Law
Specific topic:
Administrative Law
Degree:
Doctorate
University:
University of Babylon - Faculty Of Law - Department Of Public Law
Language:
Arabic
University location:
Babylon
First pages:
13T1619 - p.pdf
Abstract:
The right of information obtaining is in general a concept that is the right of information obtaining which held by public bodies, but now it has been recognized in a wide - range as it is a human right, as there is a large global trend towards legal recognition of this right, the various countries around the world which want democracy that we find it adopted laws for information obtaining or under development for it, and this is a big change since ten years ago when it was adopted less than half of information obtaining laws which is currently used. That important re enforcement for democracy has taken a long time to get a wide recognition as a right. the public authorities do not keep the information to themselves, but acts as a supervisor in the public interest, and on the basis of that information must be available to individuals in the absence of significant public interest and confidentiality, In this regard, the right of information obtaining laws reflect the basic assumption that the government should serve people by providing that information. The right of information obtaining is marginalized rights in most countries of world, whether at the official level, where most governments prefer to conduct a classified business, and considers that official information belongs to it and a monopoly for them, so they hold such information from individuals, or on the level of jurisprudence where we find most of the legal scholars and human rights. They do not give importance to this right. The importance of information obtaining right and circulate it is considered one of the most important mechanisms to promote and support the exercise of other rights of different types, it is a crucial factor to prepare a public context and public environment that respects and protects and perform rights, whether it was on ambitious individual level to be a perfect citizen without violence or discrimination or marginalization or at the level of ambitious community for the development of a true humanitarian and a climate in which the rights and freedoms are respected based on a democratic that respects standards of the transparency and a wise governance. Second : the research importance 1 - The Extrusive relationship between corruption and government secrecy becomes a very clear relationship, where it was noted that the governments which operate secretly be prone to the corruption more than governments that operate Publicly, so it was the right to obtain an important step to enable individuals to fight that corruption and get rid it. 2 - The right of information obtaining on represents one of successful means to strengthen the principle of popular democracy and ensuring popular participation in governance, and it also helps in making the local governments under public scrutiny, which make it avoids mistakes. 3 - Right to information obtaining help to remove un necessary secrecy for governmental decisions - making process, which helps to improve the quality of those decisions which taken at various levels, it also helps citizens to recognize the governmental decisions and the basis upon which, enabling them to practice a good governance on public policy and decision - making process. 4 - The governments are gaining information through by exercising the authority which granted to it by the people, so that information and documents are a property of people as Public ownership, it is also at the same time represent a mirror that reflects the success of those governments in achieving public interest, so individuals have the right to information obtaining and documents which are in the possession of governments. 5 - The right to information obtaining represent as oxygen of democracy, democratic governments are based on the confidence of the governed, which oblige it show as much as possible of its acts to its citizens to learn them about the policy, objectives and programs of those governments, and the secrecy in the government's performance lead to the promotion of corruption and repression, nepotism and abuse of power , so openness in the government's performance represents a crucial element in achieving democracy. So we can say that the role of the right of information obtaining in a democratic society does not stop at just achieving popular participation in government decision - making, but also falls under the balance of power between government and the people Third : the research problem Knowledge of the right of information obtaining and its quest to achieve a set goals of it, opening the closed doors of government and to ensure its submission for the laws, and also to increase public participation in government decision - making, and also ensure the accuracy of personal information, and its novelty. 1 - The concept of the right of information obtaining is not absolute concept. All right of information obtaining laws, granted the legal right of governmental information obtaining, with some exceptions to it, and here will create a problem between their declared goals in the opening - up policy, and between the traditional understanding of the importance of secrecy sometimes. 2 - This law its role creating a balance between the public interest in governmental information obtaining in exchange for an interest in protecting the secrecy of certain types of information, and only here may the true will reveal the legislator in its adoption for the law of right of information obtaining, if it is based on fully convinced of the benefits of openness or it happens as a result of international pressure which exercised by donors (international Bank, International Monetary Fund ) on countries to adopt transparency and anti - corruption laws, so the first result is toward the will of the legislature here is moving toward expanding the scope of this right always. The second result, it restricts this right as much as possible. 3 - The recognition of the right of information obtaining under the laws of information obtaining does not offer a lot to the community if it is not includes those laws the fundamental principles of information obtaining right, of which report the principle of maximum disclosure of information, oblige the governmental administrations to the duty of publication, report individuals' right to judicial appeal for the administration’s decisions which issued to reject the request of information obtaining, hence to evaluate any experience in the scope of information obtaining, requires subjecting the organization for international standards, regarding its content, scope, how to exercise it and its guarantees.
