PROCEEDING TO APPEAL A DECISION

The proceedings to appeal the decision of the public authority or institution when the person considers to have been injured regarding the right of access to the information of public interest are those provided by art. 21 of Law no. 544/2001 and art. 32 of GD no. 123/2002.

According to art. 21 of Law no. 544/2001 regarding free access to information of public interest, “The explicit or tacit refusal of the assigned employee of a public authority or institution to enforce the provisions of the present law constitutes violation and calls for the disciplinary liability of the guilty party.

(2) Against the refusal provided in paragraph (1) a complaint may be submitted to the head of the respective public authority or institution within 30 days from the acknowledgement of the harmed person.

(3) If after the administrative investigation the complaint proves to be well-grounded, the answer shall be sent to the harmed person within 15 days from the submission of the complaint and shall contain both the information of public interest initially requested and the disciplinary sanctions taken against the guilty party.”

Art. 32 of GD no. 123/2002: "If one considers that the right to access information of public interest has been violated, one may address an administrative complaint to the head of the public authority or institution to which the information has been requested from."