📘 Practical guide - What to do if an authority refuses to give you requested information of public interest?

🔹 1. What does "refusal" mean?

Refusal can be:

• Explicit the authority clearly tells you that they are not giving you the information.
• TACIT the authority does not reply to you at all within the legal deadline.

🔹 2. You have two options:

1. Administrative complaint - to the management of the institution.
2. Complaint to the administrative court..

‼️ Poți face doar una dintre ele, sau ambele în același timp, DAR ATENȚIE la termene!

✅ ADMINISTRATIVE COMPLAINT

📅 Time limit:30 days from the date of refusal.

When the time limit starts to run:

• 📄 Explicit refusal → 5 days (time limit within which the authority is obliged to inform you of the refusal to communicate the information if it does not fall within the scope of information of public interest)
• 📭 Tacit refusal → 10 days (general deadline for reply)
• 📬 Extension of time limit → 30 days (if you have been notified in writing by the authority that it will provide you with the requested information within the maximum time limit of 30 days)

To calculate the deadlines you can use the application available here: https://calculator-termene.ro/

📝 What your complaint must contain:

• Your details and those of the institution
• Copy of the initial request
• Description of the refusal (tacit/explicit)
• Reasons why you consider your right has been infringed

📨 How do you send it?

• By e-mail
• By post/courier
• In person at the Registry

⏳ Resolution deadline:maximum 15 days

✅ COMPLAINT TO THE COURT

📅 Time limit:: 30 days after the expiry of the legal deadline within which the authority had to reply (5, 10 or 30 days - depending on the case).

❗Reclamația administrativă NU prelungește termenul de 30 zile pentru sesizarea instanței. Dacă faci și reclamație și vrei și să te adresezi instanței, trebuie să faci ambele în același termen de 30 zile.

⚖️ Where do you go?

• The Tribunal (not the court)
• Your choice:
  • The court where you live
  • Court of the seat of the authority

💰 💰 Stamp duty:NOT payable!

📤 How do you send your complaint?

• By post
• At the court registry
• Online (but then you have to submit the signed original!)

Example of information of public interest:

• Financial balance sheets of the institution
• Salary statements
• Decisions adopted
• Public contracts
• Organization charts
• Other information relating to the work of the institution/authority.

Useful recommendations:

• Keep the evidence:the request sent, acknowledgments of receipt, replies from the authority.
• Respect deadlines Strictly! Exceeding deadlines will lead to rejection of the application.