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 Parliament of Romania.
Any person has the right to request and obtain from public authorities and institutions, under 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 requested information of public interest in writing or verbally.
Public authorities and institutions have the obligation to respond in writing to requests for information of public interest within 10 days or, as the case may be, within a maximum of 30 days from registering 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 the applicant is notified 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 their negative response, constitutes a violation and triggers the 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 aggrieved person becoming aware of the situation.
If, after administrative investigation, the complaint is found to be grounded, the response will be sent to the aggrieved person within 15 days from the submission of the complaint and will include both the initially requested public interest information and mention of the 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 can request the restoration of rights and the provision of the requested information.
If a person considers themselves harmed in their rights, they may file a complaint at the administrative litigation section of the tribunal in whose territorial district they reside, or in whose territorial district the authority or public institution's headquarters is located. The complaint shall be filed within 30 days from the expiry of the 30-day response period
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 they wish to address, in our case the Brăila County Council. After reaching the respective institution, the citizen searches for the necessary form for reporting how they were harmed by the institution, which they must download, complete with the required data, scan, and then upload back onto the platform. Confirmation of receipt of the document and, subsequently, the response will be communicated through the platform, to the email address mentioned in the form.
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*Competent entities
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