Administrative Complaint - Refusal to Provide Information*
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Institutii
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Cross-border
The free and unrestricted access of any person 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 Parliament of Romania.
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 the public authorities and institutions are obliged to provide, upon request, the information of public interest requested in writing or verbally.
Public authorities and institutions are obliged to respond in writing to requests for information of public interest within 10 days or, as the case may be, no more than 30 days from the registration of the request, depending on the difficulty, complexity, the volume of documentary work, and the urgency of the request. If the period required to identify and disseminate the requested information exceeds 10 days, the response will be given to the requester in a maximum of 30 days, provided that the requester is notified in writing about this fact within 10 days.
The explicit or tacit refusal of the designated employee of a public authority or institution to apply the provisions of Law no. 544/2001, as well as his/her negative response, constitute misconduct and attract the disciplinary liability of the offender.
Against the refusal or negative response, a complaint can be filed to the head of the respective authority or public institution within 30 days from the date the affected person becomes aware of it.
If, after administrative investigation, the complaint is found to be justified, the response will be communicated to the affected person within 15 days from the filing of the complaint and will contain both the initially requested information of public interest and mention of the disciplinary sanctions imposed on the culprit.
The displayed administrative complaint form, whether against the refusal or against the negative response, can be completed by the citizen, who can request to regain their rights and the provision of the requested information.
If a person considers their rights to have been violated, they may file a complaint at the administrative litigation section of the tribunal within whose territorial jurisdiction they reside or in whose territorial jurisdiction the seat of the authority or public institution is located. The complaint must be filed within 30 days from the date of expiration of the 30-day period for formulating the response.
First of all, 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 they wish to address, in our case the Brăila County Council. Once at the respective institution, the citizen searches for the necessary form to complain about how they have been harmed by the institution, which they must download, complete with the required data, scan, and then upload again to the platform. Confirmation of receipt of the document and subsequently the response will be communicated via the platform, to the email address specified in the form.
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Action in administrative litigation.
*Competent entities
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