Information of public interest

The methods of contesting the decision of the authority or the public institution in the situation where the person considers himself injured regarding the right of access to the requested information of public interest

These methods are stipulated in Chap. 3 – “Sanctions” of Law no. 544/2001, with subsequent amendments, regarding free access to information of public interest, as follows:

* ART. 21

(1) The explicit or tacit refusal of the designated employee of a public authority or institution to apply the provisions of this law constitutes a violation and attracts the disciplinary liability of the guilty party.

(2) Against the refusal provided for in para. (1) a complaint can be submitted to the head of the authority or the respective public institution within 30 days of being informed by the injured person.

(3) If, after the administrative investigation, the complaint is proven to be well-founded, the answer is sent to the injured person within 15 days from the filing of the complaint and will contain both the information of public interest initially requested, as well as the mention of the disciplinary sanctions taken against the guilty party.

ART. 22

(1) If a person considers himself injured in his rights, provided for in this law, he can file a complaint with the administrative litigation section of the court in whose territorial radius he resides or in whose territorial radius the seat of the authority or public institution is located. The complaint is made within 30 days from the date of expiry of the term provided for in art. 7.(*)

(2) The court may oblige the public authority or institution to provide the requested information of public interest and to pay moral and/or patrimonial damages.

(3) The decision of the tribunal is subject to appeal.

(4) The decision of the Court of Appeal is final and irrevocable.”

(5) Both the complaint and the appeal are judged in court in an emergency procedure and are exempt from stamp duty.”

* Art. 7 of Law no. 544/2001 provides that:

“(1) Public authorities and institutions have the obligation to respond in writing to the request for information of public interest within 10 days or, as the case may be, within 30 days at most from the registration of the request, depending on the difficulty, complexity, volume of documentary work and the urgency of the request. If the time required to identify and disseminate the requested information exceeds 10 days, the response will be communicated to the requester within a maximum of 30 days, provided notifying him in writing about this fact within 10 days.

(2) The refusal to communicate the requested information shall be motivated and communicated within 5 days of receiving the petitions.

(3) Requesting and obtaining information of public interest can be done, if the necessary technical conditions are met, also in electronic format.”