Administrative Complaint - Refusal to Provide Information*
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Institutii
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The 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 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 public authorities and institutions are obliged to provide individuals, upon their request, the information of public interest requested in writing or verbally.
Public authorities and institutions have the obligation to respond in writing to the request for information of public interest within 10 days or, as applicable, within a maximum of 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 distribute the requested information exceeds 10 days, the response 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 an offense and entails the disciplinary liability of the guilty party.
An appeal against the refusal and negative response can be submitted to the head of the respective authority or public institution within 30 days from the notification by the aggrieved person.
If, after the administrative investigation, the complaint is found to be justified, the response will be sent to the aggrieved person within 15 days of the complaint's submission and will contain both the information of public interest initially requested and the mention of disciplinary sanctions taken against the guilty party.
The displayed administrative complaint form, whether against the refusal or against the negative response, can be completed by the citizen, who may request the reinstatement of their 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 made 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 Point of Contact 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 searches for the necessary form to complain about how they were harmed by the institution, which they must download, complete with the requested data, scan, and then upload again to the platform. The 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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Action in administrative litigation.
*Competent entities
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