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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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Administrative complaint form*
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Formular tipizat
Free and unrestricted access of individuals to any information of public interest constitutes one of the fundamental principles of relations between individuals and public authorities, in accordance with the Constitution of Romania and with international documents ratified by the Romanian Parliament. Any person has the right to request and obtain from public authorities and institutions, under the provisions 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 individuals, at their request, the requested public interest information in writing or verbally. Public authorities and institutions are required to respond in writing to requests for public interest information within 10 days or, as the case may be, no later than 30 days from the registration of the request, depending on the difficulty, complexity, volume of documentary work and the urgency of the request. If the time required to identify and disseminate the requested information exceeds 10 days, the response will be communicated to the requester within a maximum of 30 days, provided that the requester is informed in writing about this 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 a negative response, constitutes a disciplinary offense and attracts the disciplinary liability of the guilty person. Against refusal and negative response, a complaint may be filed with the head of the respective authority or public institution within 30 days from the injured person's becoming aware of it. If, after administrative investigation, the complaint is found to be justified, the response shall be sent to the injured person within 15 days of the complaint being lodged, and shall contain both the public interest information originally requested and mention of the disciplinary sanctions taken against the guilty party. The administrative complaint form displayed, whether against refusal or against the negative response, can be completed 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 jurisdiction they reside or in whose territorial jurisdiction the headquarters of the authority or public institution is located. The complaint must be filed within 30 days from the expiration of the 30-day term for responding. 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 registering or logging into the account, the individual or legal entity enters the platform and searches for the institution to which they wish to address, in our case the Brăila County Council. After reaching the respective institution, the citizen searches for the necessary form to complain about how they have been wronged by the institution, which must be downloaded, completed with the required data, scanned, and then re-uploaded to the platform. Confirmation of receipt of the document and, subsequently, the response will be communicated via the platform, to the email address listed in the form.*
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Deadlines
Resolution time:
30
Calendar days
Case filling duration:
20
Calendar days
Notification deadline:
3
Calendar days
Appeal routes

Action in administrative litigation

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Last updated: 
26 July 2023
Publicat de către: 
A paragraph is a self-contained unit of a discourse in writing dealing with a particular point or idea. Paragraphs are usually an expected part of formal writing, used to organize longer prose.
Institution responsible with document: 
Publicat de către: 
A paragraph is a self-contained unit of a discourse in writing dealing with a particular point or idea. Paragraphs are usually an expected part of formal writing, used to organize longer prose.
Braila County Council*
*Content marked with an asterisk (*) has been automatically translated and may not fully reflect the original meaning. For objective interpretation, please consult the Romanian version.
Braila County Council*
localitatea Braila strada Piața Independenței nr.1, cod poștal 810210 județul Braila
Telefon: 0239.619700
Fax: 0239.611765
Email: consiliu@cjbraila.ro
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Directia Administratie Publica Contencios Consiliul Judetean Braila-|Compartiment Relatii Publice si Secretariat ATOP

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