From ‘window dressing’ to ‘door openers’? Freedom of Information legislation, public demand, and state compliance in South East Europe

Abstract

Strong arguments are made that freedom of information (FOI) laws can be particularly beneficial in young democracies while providing an important tool that safeguards basic rights. Despite the drastic increase of the number and quality of FOI laws adopted during the last few decades, press freedom around the world has fallen to its lowest level in over a decade while abuses of power and corruption continue to ravage societies around the world. This comparative study examines the outcomes of FOI laws in the context of new democracies of South East Europe. It adopts a mix methodological approach to (1) examine citizen demand for access to information and government compliance with FOI laws and (2) explore structural and political conditions that affect demand and compliance. Results from data collected in Albania, Kosovo, and Montenegro suggest that the positive outcomes of the FOI laws are highly dependent on public demand and supervisory institutions. While FOI non-compliance can be attributed to the limited administrative capacities, the failure to put in place access structures also indicates the erosion of leadership political will during the implementation phase as a consequence of the lack of public demand. This article emphasizes the importance of non-political institutions, spotlighting the critical role of civil society and the media.