Administrative Complaint - Negative Response*
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Free and unrestricted access of individuals to any information of public interest constitutes one of the fundamental principles of the relationships between individuals and public authorities, in accordance with the Constitution of Romania and the international documents ratified by the Romanian Parliament.
Any person has the right to request and obtain from public authorities and institutions, under the conditions of Law 544/2001 regarding free access to information of public interest, information of public interest, and public authorities and institutions are obliged to provide, at the request of individuals, the information of public interest requested in writing or verbally.
Public authorities and institutions are obliged to respond in writing to the request for information of public interest within 10 days or, as the case may be, within no more than 30 days from the registration of the request, depending on the difficulty, complexity, volume of documentary work, and urgency of the request. If the time required to identify and disseminate the requested information exceeds 10 days, the answer will be communicated to the applicant within a maximum of 30 days, provided that they are notified in writing about this fact within 10 days.
The explicit or tacit refusal of the designated employee of an authority or public institution to apply the provisions of Law no. 544/2001, as well as their negative response, constitutes misconduct and attracts the disciplinary responsibility of the guilty party.
Against the refusal and the negative answer, a complaint may be submitted to the head of the respective authority or public institution within 30 days from the date the aggrieved person became aware.
If, after the administrative investigation, the complaint is found to be justified, the answer shall be given to the aggrieved person within 15 days from the filing of the complaint and will contain both the information of public interest initially requested as well as mention of the disciplinary sanctions taken against the guilty party.
The administrative complaint form displayed, either against the refusal or against the negative answer, can be filled in by the citizen, who may request reinstatement of rights and the provision of the requested information.
If a person considers themselves harmed in their rights, they may file a complaint with the administrative litigation section of the tribunal in whose territorial area they reside or in whose territorial area the headquarters of the authority or public institution is located. The complaint is filed within 30 days from the expiration of the 30-day deadline for formulating the answer
First of all, in order to benefit from the right to file an administrative complaint, the citizen must create an account on the Single Electronic Contact Point platform. After registration or logging into the account, the natural or legal person enters the platform and searches for the institution to which they wish to address, in our case Brăila County Council. After reaching the respective institution, the citizen searches for the necessary form to report how they were harmed by the institution, which they must download, fill in with the requested data, scan and then upload again onto the platform. Confirmation of receipt of the document and, subsequently, the response will be communicated via the platform, to the email address mentioned in the form.
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*Competent entities
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