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Administrative Complaint - Refusal to Provide Information*

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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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Administrative complaint form*
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The 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 international documents ratified by the Parliament of Romania. 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, upon request, 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 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 urgency of the request. If the time needed to identify and disseminate 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 of this fact within 10 days. Explicit or implicit refusal by 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 violation and attracts the disciplinary responsibility 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 from the date on which the aggrieved person becomes aware of it. If, after the administrative investigation, the complaint proves to be justified, the response will be sent to the aggrieved person within 15 days from the submission of the complaint and will contain both the information of public interest initially requested and a mention of the disciplinary sanctions taken against the guilty party. The displayed administrative complaint form, whether against the refusal or 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 with the administrative litigation section of the court in whose territorial district they reside or where the seat of the authority or public institution is located. The complaint must be filed within 30 days from the expiry of the 30-day period related to 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 person 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 the manner in which they were wronged by the institution, which must be downloaded, completed with the requested data, scanned, and then uploaded again on 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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Deadlines
Resolution time:
30
Calendar days
Case filling duration:
20
Calendar days
Notification deadline:
3
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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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