By Indicator detail

Please find below the lists of indicators that have been used to analyse each law. You can click on each of them and you will get the result for that indicator in each country.

Country	Description	Scoring instructions	Max score	Finding	Points	Article	Comments
Antigua and Barbuda	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	42(3) In an application pursuant to section 41, the burden of proof shall be on the public or private body to show that it acted in accordance with its obligations under Part II.
Argentina	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	Agencia De Acceso A La Información Pública, Resolution 48/2018. Criterio 3. RESOLUCIÓN DE RECLAMOS. Los reclamos presentados ante la AGENCIA DE ACCESO A LA INFORMACIÓN PÚBLICA se resolverán de acuerdo al artículo N° 17 de la Ley N° 27.275. Corresponderá el archivo de las actuaciones cuando: 1. Durante el periodo que tiene la Agencia para resolver: a- El reclamo hubiese sido iniciado por silencio del Sujeto Obligado y el organismo brinde una respuesta al solicitante a partir de la intervención de la Agencia. b-El reclamo hubiese sido iniciado por respuesta incompleta o insatisfactoria y el organismo ampliare la información oportunamente brindada, o fundare debidamente la denegatoria. 2. El Sujeto Obligado demostrara que se encontraba en plazo para responder -al momento de presentarse el reclamo- y diera respuesta en tiempo y forma.
Australia	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	55D Procedure in IC review—onus (1) Subject to subsection (2), in an IC review in relation to a request or an application under section 48, the agency or Minister concerned has the onus of establishing that: (a) a decision given in respect of the request or application is justified; or (b) the Information Commissioner should give a decision adverse to the IC review applicant. (2) In an IC review of a decision for which an IC review application is made under section 54M (access grant decisions), the affected third party for the document in relation to which the decision was made has the onus of establishing that: (a) a decision refusing the request is justified; or (b) the Information Commissioner should give a decision adverse to the person who made the request.
Bahamas	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	Section 40(3) In any appeal under section 39 the burden of proof shall be on the public authority to show that it acted in accordance with its obligations under this Act. Section 44. Appeal from Commissioner’s decisions and orders. (2) In any appeal from a decision pursuant to section 40 the burden of proof shall be on the public authority to show that it acted in accordance with its obligations under the Act.
Belize	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	SECTION 38 In proceedings under this Part, the Ministry or prescribed authority to which or to whom the request was made has the onus of establishing that a decision given in respect of the request was justified or that the Ombudsman should give a decision adverse to the applicant.
Canada	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	48 (1) In any proceedings before the Court arising from an application under subsection 41(1) or (2), the burden of establishing that the head of a government institution is authorized to refuse to disclose a record requested under this Part or a part of such a record or to make the decision or take the action that is the subject of the proceedings is on the government institution concerned.	This isn't stated explicitly for the Commissioner but is implicit in Canada's system of administrative law and in the functioning of the Information Commission as an investigative office. Section 48 provides the same in relation to courts.
Chile	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	Artículo 24.- Vencido el plazo previsto en el artículo 14 para la entrega de la documentación requerida, o denegada la petición, el requirente tendrá derecho a recurrir ante el Consejo establecido en el Título V, solicitando amparo a su derecho de acceso a la información. La reclamación deberá señalar claramente la infracción cometida y los hechos que la configuran, y deberá acompañarse de los medios de prueba que los acrediten, en su caso. La reclamación deberá presentarse dentro del plazo de quince días, contado desde la notificación de la denegación de acceso a la información o desde que haya expirado el plazo previsto en el artículo 14 para la entrega de información. Cuando el requirente tenga su domicilio fuera de la ciudad asiento del Consejo, podrá presentar su reclamo en la respectiva gobernación, la que deberá transmitirla al Consejo de inmediato y por el medio más expedito de que disponga. En estos casos, el reclamo se entenderá presentado en la fecha de su recepción por la gobernación. El Consejo pondrá formularios de reclamos a disposición de los interesados, los que también proporcionará a las gobernaciones.	Art 24 seems to require the complainant to produce evidence, but according to our expert this is the opposite of how it actually works and the burden is on the gov't.
China	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	Administrative Litigation Law, Article 34, provides that the defendant bears the burden of proof for an administrative act.
Colombia	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	Article 28 Burden of proof. It is for the obligor to provide reasons and evidence in support of and evidencing that the requested information must remain proprietary or confidential. In particular, the obligated party must show that the information must relate to a legitimate objective established legal or constitutional. In addition, you must determine whether it is an exception contained in Articles 19 and 20 of this Act and the disclosure of this information would cause harm, and likely exceeding the specific public interest represents access to information.
Costa Rica	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	Ley de Jurisdicción Constitucional. 43. Cuando no fuere del caso rechazar de plano o resolver interlocutoriamente el recurso, se le pedirá informe al órgano o al servidor que se indique como autor del agravio, amenaza u omisión, lo que se hará por el medio escrito más rápido posible. Al ordenarse el informe, se podrá también pedir el expediente administrativo o la documentación en que consten los antecedentes del asunto. La omisión injustificada de enviar esas piezas al tribunal acarreará responsabilidad por desobediencia. Si el recurso se dirigiere contra un órgano colegiado, el informe y las piezas se pedirán a su Presidente; si se tratare del Poder Ejecutivo o de un Ministerio, al Ministro respectivo, y si se tratare del Consejo de Gobierno, al Ministro de la Presidencia.	Procedurally the authority will need to prepare a report in amparo cases which suggests that effectively the burden lies with the government. Ley de Jurisdicción Constitucional: http://www.pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?nValor1=1&nValor2=38533&nValor3=87797
Croatia	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	Not mentioned.	If the request is denied since it deals with information which are subject to restrictions of access to information in line with the law, the public body must through conducting proportionality and public interest test demonstrate that protection of privacy or other rights/interests does, in the case at hand, owerwiegh public interest and/or the right of access to specific information. If a complaint to the Commissioner is filed due to administrative silence, public body must provide evidence it decided on the request in legal deadlines.
France	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	Article 20, Appeal to the CADA.
Gambia	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	36 An Information Officer who refuses to grant access to information requested has the burden of proving - (a) such information is exempt from disclosure under this Act; and (b) the harm to the protected interest under the relevant exemption that would result from the release of the information outweighs the public interest in the release of the information.	While this provision does not explicitly state that it is in the context of the appeal process, it is the only provision that governs the burden of proof and will likely be the point of reference for appellate bodies.
Georgia	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	Article 47 â€“ Cancelling or reversing decisions. Compensation for damage 1. A person has the right to apply to a court to cancel or reverse a decision of a public institution, state employee or public servant. He/she may also claim property and non-property damages when: a) being refused to issue public information, a session of a collegial public institution is fully or partially closed, and public information is made confidential; b) incorrect public information is created and processed; c) other requirements of this chapter are infringed by a public institution, state employee or public servant. 2. The burden of proof shall rest with a defending public institution, state employee or public servant.	Burden of proof rests with public institution, employee or public servant.
Ghana	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	72(1) Subject to subsection (3), the public institution or relevant private body shall bear the burden of proof. (2) Where the public institution or relevant private body refuses to grant access to information, that public institution or relevant private body shall be required to prove that (a) the information requested is exempt from disclosure under this Act; and (b) more harm would be caused by the release of the information to the applicant over and above the public interest in the release of the information.
Honduras	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	ARTICULO 18. ACUERDO DE CLASIFICACION DE LA INFORMACION COMO RESERVADA. Para clasificar la información como reservada, en base a cualquiera de las causales enumeradas en el articulo anterior, el titular de cualquier órgano publico, deberá elevar la petición por medio de la instancia de máxima jerarquía de la institución a la cual pertenezca, quien de considerarlo pertinente, emitirá el respectivo acuerdo de clasificación de la información, debidamente motivado y sustentado. El titular respectivo debe remitir copia de la petición al Instituto de Acceso a la Información Publica. Cuando este considere que la información cuya clasificación se solicita no se encuentra en ninguno de los supuestos del articulo anterior, lo hará del conocimiento del superior respectivo y este denegara la solicitud del inferior. Si, contrariando esta opinión, se emitiere el acuerdo de clasificación, este será nulo de pleno derecho.	Article 18 puts the burden of justification on the public body.
Hungary	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	Article 31(1) The applicant is entitled to turn to the courts should the deadline period open for the rejection or fulfilment of the request for access to data of public interest, or the deadline extended by the controller in accordance with Section 29(2) expire and become inconclusive, and in addition is entitled to review the fee charged for making a copy, should this fee not yet have been paid. (2) The controller is required to prove the legal grounds of rejection and its underlying reasons and the substantiation of the sum of the fee charged for making a copy.
India	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	Article 19(5) In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the Central Public Information Officer or State Public Information Officer, as the case may be, who denied the request.
Indonesia	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	45(1) A Public Agency shall prove matters that support its view if it states that it cannot provide information for the reason as referred to in Article 17 and Article 5 paragraph (1) letter a. (2) A Public Agency shall give the reason that supports its attitude if the Public Information Applicant submits a request to settle the Public Information Dispute as regulated in Article 35 paragraph (1) letter b up to letter g.
Israel	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	N/A	Expert - in judicial proceedings this is generally the case, though the app does have to demonstrate a public interest if basing their claim on that override.
Jamaica	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	Article 32(5) On the hearing of an appeal, the onus of proving that the relevant decision was justified or that a decision adverse to the appellant should be made by the Appeal Tribunal, shall lie on the public authority which made the relevant decision.
Liberia	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	6.4: "Burden of Proof: In both (i) an internal review conducted by an authority or agency pursuant to Section 6.2 and (ii) a hearing conducted by the Independent information Commissioner pursuant to Section 6.3 hereof, the burden of proof shall be on the public authority or private entity to show that it acted consistent with its obligations and in accordance with this Act."
Lithuania	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	Article 11. Right to Protect Freedom of Information "1. Every person shall have the right to appeal in court against the decisions and actions of state and municipal institutions and agencies as well as officials should they violate or unlawfully restrict a person's right to obtain, collect or disseminate information. 2. It shall be prohibited to persecute a producer or disseminator of public information, their participant or a journalist for the information published if there has been no violation of law in the course of production and dissemination thereof."
Maldives	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	59. In proceeding with complaints or appeals lodged before the Information Commissioner, the State Institute to which the Information Officer is attributed, has the onus of establishing the following: (1) that the information requested was refused based on a provision prescribed in law; or (2) that the State Institute has adhered to that prescribed in this Act.
Mexico	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	Article 105. The regulated entities shall apply, in a restrictive and limited way, the exceptions to the right of access to information under this Title and must prove their suitability. The burden of the proof in justifying any denial of access to information, due to the updating any of the confidentiality assumptions, will correspond to the regulated entities.
Namibia	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	61(1) An information holder bears the burden of proof in all proceedings relating to investigations and hearings, except where subsection (3) applies. (2) An information holder who refuses to grant access to information as requested has the burden of proving that - (a) such information is exempt from disclosure under this Act; and (b) the harm to the protected interest under the relevant exemption that would result from the release of the information outweighs the public interest. (3) The requester bears the onus of proof if - (a) a request to a private entity is refused on the basis that the information requested does not assist in the exercise or protection of any right; or (b) he or she asserts that no reproduction fee is payable on the basis that - (i) the information requested is in the public interest in terms of section 46(3) (c); or (ii) he or she is indigent in terms of section 46(3)(e).
Netherlands	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	Netherland Administrative Law Act.
New Zealand	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	5 Principle of availability The question whether any official information is to be made available, where that question arises under this Act, shall be determined, except where this Act otherwise expressly requires, in accordance with the purposes of this Act and the principle that the information shall be made available unless there is good reason for withholding it.	The provisions of s. 5 OIA apply to the Ombudsmen when conducting their investigation so, in effect, the answer is 'yes'.
Nicaragua	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	Artículo 3.- Para los fines de la presente Ley, se establecen los siguientes principios: 7. Principio de Prueba de Daño: Garantiza que, la autoridad al catalogar determinada información como de acceso restringido, fundamente y motivo los siguientes elementos: a. La información se encuentra prevista en alguno de los supuestos de excepción previstos en la propia Ley. b. La liberación de la información puede amenazar efectivamente el interés público protegido por la Ley. c. El daño que puede producirse con la liberación de la información es mayor que el interés público de conocer la información de relevancia.
Nigeria	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	23 In any proceedings before the Court arising from an application under section 21, the Court shall take precaution, including when appropriate, receiving representations ex parte and conducting hearings in camera to avoid the disclosure by the Court or any person of any information or other material on a basis of which any public institution will be authorized to disclose the information applied for.
Pakistan	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	17(4) The public body shall, in an appeal under sub-section (1), bear the burden of proof of showing that it acted in accordance with the provisions of this Act.
Peru	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	N/A	Yes (confirmed by both experts as a consequence of the presumption of publicity)
Poland	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	2		Although not directly stated in the law on proceedings, the administrative courts introduced such a burden.
Russia	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	The Civil Procedural Code of the Russian Federation, Article 249(1): (Distribution of the Duties Involved in Proving the Cases Arising from Public Legal Relations): The duties involved in proving the circumstances which have served as the grounds for the acceptance of a legal normative act, and of proving its legality, as well as of the legality of the disputed decisions and actions (of inaction) of the state power bodies and of the local self-government bodies, of official persons and of government and municipal employees, shall be imposed upon the body which has adopted the legal normative act, and upon the bodies and the persons which (who) have adopted the disputed decisions or have performed the disputed actions (inaction).	In the judicial appeal process, the government does bear the burden of demonstrating that it did not operate in breach of the rules.
Saint Kitts and Nevis	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	43(3), 46(2)
Serbia	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	24 Paragraph 3: The public authority shall prove it has acted in accordance with its obligations set forth in this Law.
Sierra Leone	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	44 In an application made under section 43, the burden of proof shall be on the public authority to show that it acted in accordance with its obligations under this Act,
Slovenia	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	-	Reviewer: The applicant does not bear the burden of demonstrate the breach of rules, he/she must only issue an appeal and then the Commissioner runs fact-finding proceedings, during which the Commissioner can demand answers from the first instance body, documents and other evidence. The Commissioner can also perform in camera inspection in the premises of the body. The Commissioner checks the potential breach of procedure and wrong use of substantive law ex officio. The legality of the decision is tested according to the arguments of the body and it\'s evidence for the decision (not the applicants).
South Africa	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	81 (1) For the purposes of this Chapter proceedings on application in terms of section 78 are civil proceedings. (2) The rules of evidence applicable in civil proceedings apply to proceedings on application in terms of section 78. (3) The burden of establishing that- (a) the refusal of a request for access; or (b) any decision taken in terms of section 22, 26 (1), 29 (3), 54, 57 (1) or 60, complies with the provisions of this Act rests on the party claiming that it so complies.
South Sudan	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	42(3) and 45(3)
Sri Lanka	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	Section 32(4) On appeal, the burden of proof shall be on the public authority to show that it acted in compliance with this Act in processing a request.
Sweden	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2		Experts say - according to the rules of Ombudsman - the government bears the burden of demonstrating.
Uganda	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	41. Civil proceedings. (1) For the purposes of this Part, proceedings on application are civil proceedings. (2) The rules of evidence applicable in civil proceedings apply to proceedings in an application under this Part. (3) The burden of establishing that - (a) the refusal of a request for access; or (b) any decision taken under this Act complies with the provisions of this Act rests on the party claiming that it complies.	S. 41
Ukraine	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	Code of Administrative Proceedings of Ukraine, Article 77(2) In administrative cases on the illegality of decisions, actions or omissions of the subject of power, the burden of proving the legality of its decision, action or omission rests with the defendant. In such cases, the subject of authority may not rely on evidence that was not the basis of the contested decision.
United Kingdom	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	Tribunal decision EA/2006/0007, paragraph 54.	The decision provides: "reference has been made above to the undoubted fact that it is the public authority which bears the onus of showing that the exemption should be maintained."
United States	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	Yes - the burden is on the agency to sustain its action.
Uzbekistan	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	N/A	Yes - in judicial appeals.
Vanuatu	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	68(8) In any appeal to the Information Commissioner, the burden of proof is on the Right to Information Officer of the Government agency, relevant private entity, or private entity to show that he or she acted according to this Act.	-
Afghanistan	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	Partially	1	33(5) The agency from which the Complaint has been made, shall provide documents and evidence that it has acted based on the provision of this law.	Not a clear reversal of burden but some shift towards the government
Luxembourg	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	Partially	1	N/A	Not mentioned
Albania	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	24(3) Upon receiving the complaint, the Commissioner for the Freedom of Information and Protection of Personal Data forwards it to the office dealing with the right to information, which verifies the facts and the legal basis of the complaint. For this purpose, he may ask the complainant and the public authority, against whom the complaint is made, to present written submissions, and be informed by any other person and source. When it deems it necessary, the Commissioner holds a public hearing with the participation of the parties.	The law treats the complainant and the public authority, against whom the complaint is made, on equal basis
Andorra	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A
Angola	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Armenia	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned
Austria	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	Not mentioned.	N/A
Azerbaijan	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned
Bangladesh	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned in the law or on the IC\'s website.
Belgium	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	Loi n° 94-1724, The law does not mention this obligation and the law recognizes the possibility of a negative silence.
Benin	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned
Bolivia	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned
Bosnia and Herzegovina	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Brazil	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not spelled out.
Bulgaria	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Burkina Faso	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned
Cape Verde	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned
Cook Islands	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Cyprus	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned
Czech Republic	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Denmark	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Dominican Republic	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
East Timor	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Ecuador	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
El Salvador	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Estonia	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Ethiopia	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Fiji	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Finland	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Since the administrative judicial procedure has a particular nature, there is no specific rule on the burden of proof.
Germany	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Greece	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Guatemala	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Guinea	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Guyana	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Iceland	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Iran	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Ireland	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Italy	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Ivory Coast	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Japan	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Jordan	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	No mention of this.
Kazakhstan	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Kenya	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Kosovo	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Kuwait	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Kyrgyzstan	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	Not mentioned.
Latvia	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Lebanon	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Liechtenstein	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned in law nor regulation.
Malawi	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0		Not mentioned.
Malta	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0		Not mentioned.
Moldova	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Monaco	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned
Mongolia	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Montenegro	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0		Not mentioned.
Morocco	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned
Mozambique	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned
Nepal	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0		Not mentioned.
Niger	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0		Not mentioned. Under French law however, the burden of proof is on the requester. In administrative law, there would be some exceptions but it is likely that Niger law is the same, and most likely burden of proof on the resquester therefore.
North Macedonia	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0		Not mentioned.
Norway	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0		Not mentioned.
Palau	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	Not mentioned
Panama	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0		Not mentioned.
Paraguay	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A
Philippines	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A
Portugal	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Qatar	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	Not mentioned
Republic of Belarus	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	Not mentioned
Romania	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0		Not mentioned.
Rwanda	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0		Not mentioned.
San Marino	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	29(5). The measure referred to in paragraph 4 may be challenged before the administrative courts with jurisdiction in accordance with common principles.	It is unclear what "common principles" refers to or if the appellate burden of proof standards are outlined in other legislation defining "common principles".
Saudi Arabia	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Seychelles	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned
Slovakia	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
South Korea	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0		Not mentioned.
Spain	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A
Sudan	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned
Switzerland	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0		Not specifically mentioned.
Taiwan	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	No - the opposite is true.
Tajikistan	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A
Tanzania	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Thailand	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Togo	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned
Trinidad and Tobago	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned in the Act or the Constitution.
Tunisia	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Turkey	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Uruguay	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned.
Venezuela	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned
Vietnam	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	N/A	Not mentioned
Yemen	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0		Not mentioned.
Zambia	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	NO	0	Not mentioned
Zimbabwe	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	Partially	0	N/A	Not mentioned

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