{"id":10948,"date":"2022-05-09T17:09:47","date_gmt":"2022-05-09T14:09:47","guid":{"rendered":"https:\/\/facias.ro\/?p=10948"},"modified":"2022-05-20T17:24:08","modified_gmt":"2022-05-20T14:24:08","slug":"cui-trebuie-sa-te-adresezi-primariei-sau-primarului","status":"publish","type":"post","link":"https:\/\/facias.ro\/eng\/cui-trebuie-sa-te-adresezi-primariei-sau-primarului\/","title":{"rendered":"WHO SHOULD YOU ADDRESS TO? TO THE CITY HALL OR TO THE MAYOR?"},"content":{"rendered":"

Practical guidelines for dealing with legal subterfuges that mayors exploit to hide public information<\/strong>
<\/strong><\/p>\n\n\n\n

Citizens who want to find out public information that central and municipal authorities are required to post on the site, can call on Law 544\/2001, https:\/\/legislatie.just.ro\/Public\/DetaliiDocument\/31413<\/a> .<\/p>\n\n\n\n

A request for this law can be submitted to generate journalistic investigations or can provide additional information to the citizens regarding the management of the finances of government agencies.<\/p>\n\n\n\n

Although this law serves as a basis for transparency towards citizens, unfortunately, state representatives find \"innovative\" ways to circumvent the law, thus failing to provide important information. This phenomenon may have reached this magnitude due to far too lenient sanctions, which fail to deter illegalities and abuses.<\/p>\n\n\n\n

Mayors often take advantage of the citizens\u2019 lack of information about the status and duties of the mayor's office. For example, most people consider that if the mayor's office does not provide them, upon request, the information that it is required by law to deliver, they can hold them accountable by suing them. The reality is different, in the Administrative Code it can be seen that the mayor's office of a territorial administrative unit does not have legal personality, thus, it cannot be summoned to court. Consequently, you cannot sue the mayor's office. Unfortunately, this is not known to the public.<\/p>\n\n\n\n

Those who commit immoral acts use such confusions to stay under the protection of the law, thus finding \"loopholes\", taking advantage of the lack of information of citizens.

Because we believe that such situations are unfair and we want to help combat such phenomena, we provide some information that we hope will help you in the future:<\/strong><\/p>\n\n\n\n

\u201dThe town hall, the city hall, the municipality, the administrative-territorial subdivision - functional structure without legal personality and without procedural capacity, with permanent activity, which carries out the decisions of the deliberative authority and the dispositions of the executive authority, solving the current problems of the local community. from: the mayor, the deputy mayor, the public administrator, the mayor's advisers or the persons employed in the mayor's office and the specialized apparatus of the mayor; \u201d<\/em>(GEO no. 57\/2019; art. 5 letter hh)<\/em><\/p>\n\n\n\n

The fact that town halls do not have legal personality and procedural capacity means that the town hall can NOT be summoned to court. Thus, sending requests to the mayor's office under Law 544\/2001 or suing it is useless because your steps will be rejected.<\/p>\n\n\n\n

\"The administrative-territorial units are legal persons of public law, with full legal capacity and own patrimony.\"(GEO no. 57\/2019; art. 96 para. 1)<\/em><\/p>\n\n\n\n

\u201cAdministrative-territorial units - villages, cities, municipalities and counties;\u201d (GEO no. 57\/2019; art. 5 letter pp)<\/em><\/p>\n\n\n\n

Thus, the administrative-territorial units can be summoned to court. And they are represented by villages, cities, municipalities and counties.<\/p>\n\n\n\n

\"The mayor, in his capacity as executive public authority of the local public administration, represents the administrative-territorial unit in relations with other public authorities, with Romanian and foreign natural or legal persons, as well as in justice.\"(GEO no. 57\/2019; Article 154 (6)<\/em><\/p>\n\n\n\n

\"The legal representation of the administrative-territorial units is ensured by the mayor or by the president of the county council.\" <\/em>(GEO no. 57\/2019; art. 109 para. 1)<\/em><\/p>\n\n\n\n

Who do we ask for information?<\/strong><\/p>\n\n\n\n

The request for information under Law 544\/2001 must be addressed to the mayor<\/strong> as the legal representative of the administrative-territorial unit.<\/p>\n\n\n\n

Who are we suing?<\/strong><\/p>\n\n\n\n

If you do not receive an answer, if the answer received is incomplete, the person who can be sued is the mayor<\/strong>, as the legal representative of the administrative-territorial unit.<\/p>\n\n\n\n

* In addition, if you addressed the request for information to the mayor's office, later, if you decide that it is necessary, you will not be able to sue the mayor, because the request was not addressed to him. Thus, you will have to formulate a new request for information, addressed, this time, to the mayor, as the legal representative of the respective administrative-territorial unit.<\/p>\n\n\n\n

Thus, the wording you will have to use is as follows:<\/p>\n\n\n\n