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 relations 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 requested information of public interest in writing or verbally.
Public authorities and institutions are required to respond in writing to requests for information of public interest within 10 days or, as appropriate, no later than 30 days from the registration of the request, depending on the difficulty, complexity, volume of documentation work, and urgency of the request. If the necessary period for identifying and disseminating the requested information exceeds 10 days, the response will be communicated to the applicant within a maximum of 30 days, provided the applicant is 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 entails disciplinary liability of the guilty party.
Against the refusal and the negative response, a complaint may be submitted to the head of the respective authority or public institution within 30 days of the injured person's acknowledgment.
If, after administrative investigation, the complaint proves to be justified, the response will be sent to the injured person within 15 days from the submission of the complaint and will contain both the initially requested information of public interest and mention of the disciplinary sanctions taken against the guilty party.
The administrative complaint form displayed, whether against the refusal or the negative response, can be completed by the citizen, who may request the restoration of their rights and the provision of the requested information.
In the event that a person considers themselves harmed in their rights, they may file a complaint with the administrative litigation division of the tribunal in whose territorial jurisdiction they reside or in whose territorial jurisdiction the seat of the authority or public institution is located. The complaint must be made within 30 days from the expiration of the 30-day period concerning the formulation of the response
First and foremost, in order to benefit from the right to submit an administrative complaint, the citizen must create an account on the Single Electronic Contact Point platform. After registering or logging into the account, the natural or legal person enters the platform and searches for the institution they wish to address, in our case the Brăila County Council. After reaching the respective institution, the citizen looks for the necessary form to complain about how they were harmed by the institution, which must be downloaded, filled in with the requested data, scanned, and then uploaded again to the platform. Confirmation of receipt of the document and, subsequently, the response will be communicated via the platform to the email address indicated in the form.
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Action in administrative litigation
*Competent entities
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