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Administrative Complaint - Refusal to Provide Information*

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Free and unrestricted access of individuals to any information of public interest constitutes one of the fundamental principles of the relations between individuals and public authorities, in accordance with the Constitution of Romania and 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 the public authorities and institutions are obliged to provide individuals, upon their request, the requested information of public interest 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, 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 disclose the requested information exceeds 10 days, the response will be communicated to the applicant within a maximum of 30 days, provided that the applicant is notified in writing of 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 his negative response, constitutes a breach and entails the disciplinary liability of the person at fault.

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 the injured person becomes aware.

If after the administrative inquiry the complaint is found to be justified, the response shall be sent to the injured person within 15 days from the submission of the complaint and will contain both the information of public interest initially requested and mention of the disciplinary sanctions taken against the person at fault.

The displayed administrative complaint form, either against the refusal or against the negative response, may be completed by the citizen, who may request the restoration of rights and the provision of the requested information.

If a person considers themselves harmed in their rights, they can file a complaint with the administrative disputes section of the tribunal in whose territorial jurisdiction they reside or where the headquarters of the authority or public institution is located. The complaint must be made within 30 days from the expiry of the 30-day term for formulating the response

First of all, in order to benefit from the right to lodge 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 to which they wish to address, in our case the Brăila County Council. After reaching the respective institution, the citizen looks for the necessary form for complaining about the way they were harmed by the institution, which must be downloaded, completed with the requested data, scanned, and then uploaded again on the platform. The confirmation of receipt of the document and, subsequently, the response will be communicated through the platform, to the e-mail address mentioned in the 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 relationship between individuals and public authorities, in accordance with the Constitution of Romania and with 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 the public authorities and institutions are obliged to provide individuals, upon their request, with the public interest information requested, either in writing or verbally. Public authorities and institutions are required to respond in writing to requests for public interest information within 10 days or, as the case may be, within a maximum of 30 days from the registration of the request, depending on the difficulty, complexity, volume of documentation, and urgency of the request. If the time required to identify and deliver the requested information exceeds 10 days, the response will be communicated to the applicant within a maximum of 30 days, provided that the applicant is informed about this fact in writing 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 that person’s negative response, constitutes misconduct and draws disciplinary liability for the one at fault. Complaints against the refusal and the negative response can be submitted to the head of the respective public authority or institution within 30 days from the date the affected person becomes aware of them. If, after the administrative investigation, the complaint is found justified, the answer will be sent to the affected person within 15 days from the submission of the complaint and will contain both the initially requested public interest information and mention of the disciplinary sanctions applied to the person at fault. The displayed administrative complaint form, whether against the refusal or the negative response, can be filled in by the citizen, who can request to have their rights restored and the requested information provided. If a person considers themselves harmed in their rights, they can make a complaint to the administrative litigation section of the tribunal in whose territorial jurisdiction they reside or in whose territorial jurisdiction the headquarters of the authority or public institution is located. The complaint must be filed within 30 days from the date of expiry of the 30-day response deadline. 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 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 for complaining about the way the institution has wronged them, which they must download, fill in with the requested data, scan, and then upload back onto the platform. Confirmation of receipt of the document and, later, the response will be communicated via the platform, to the e-mail address mentioned in the form.*
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Deadlines
Resolution time:
30
Calendar days
Case filling duration:
20
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Notification deadline:
3
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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.
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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