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Decision no. 123/2002

Decision no. 123/2002

For the approval of the methodological norms for the application of Law no. 544/2001 regarding free access to information of public interest.

Issuer: The Government of Romania
Published in the Official Gazette no. 167 of March 8, 2002

Document content

Content Government Decision no. 123/2002

Pursuant to the provisions of art. 107 of the Romanian Constitution and art. 23 para. (2) of Law no. 544/2001 regarding free access to information of public interest, the Government of Romania adopts this decision.

Unique item

Approving Methodological Norms a Law no. 544/2001 regarding free access to information of public interest, provided in the annex that is an integral part of this decision.

Prime Minister – Adrian Năstase

Marks:
Minister of Public Information, Vasile Dincu
Minister of Public Administration, Octav Cozmâncă
p. Minister of Communications and
information technology, Ion Smeeianu, State Secretary
Minister of Public Finance, Mihai Nicolae Tanasescu

Annex to Government Decision no. 123/2002

Chapter I - General provisions

Article 1

(1) These methodological norms establish the principles, procedures and rules of application of Law no. 544/2001 regarding free access to information of public interest.

(2) The provisions of these methodological norms apply to all public authorities and institutions, as defined by Law no. 544/2001.

Article 2

Application of Law no. 544/2001 is done in compliance with the following principles:
a) the principle of transparency - public authorities and institutions have the obligation to carry out their activity in an open manner towards the public, in which free and unrestricted access to information of public interest is the rule, and limiting access to information is the exception, under the law;
b) the principle of unitary application – public authorities and institutions ensure compliance with the law in a unitary manner, in accordance with its provisions and the present methodological norms.
c) the principle of autonomy - each authority or public institution will draw up its own regulation for the organization and operation of the information and public relations departments, in accordance with the provisions of the law and the present methodological norms.

Chapter 2 - Organizing and ensuring free access to information of public interest

Article 3

(1) In order to organize and ensure the free and unrestricted access of any person to information of public interest, public authorities and institutions have the obligation to organize specialized departments for information and public relations or to designate persons with attributions in this field.

(2) The specialized departments of information and public relations can be organized, within central or local public authorities or institutions, as offices, services, directorates or general directorates, under the authority of the head of the respective authority or public institution, who, depending on the situation, can order the coordination them by another person from the management of the respective public authority or institution.

(3) The attributions, organization and operation of the information and public relations departments are established, based on the law and the provisions of these methodological norms, by the organization and operation regulation of the respective authority or public institution.

Article 4

(1) For the smooth running of the information and public relations activity within public authorities and institutions, it can be organized with the following components:
a) informing the press;
b) direct public information of individuals;
c) internal staff information;
d) interinstitutional information.

(2) Directly informing people and informing the media are, according to the law, mandatory components and do not exclude the other components of the information and public relations activity.

Article 5

Within the information and public relations departments of institutions and public authorities, the activity of direct public information of individuals and that of informing the press can be organized separately.

Article 6

(1) At the level of the Presidential Administration, the working apparatus of the Chamber of Deputies and the Senate, the working apparatus of the Government, the ministries, other specialized bodies of the central public administration, the central headquarters of the autonomous regions and other central public institutions, as well as at the level autonomous administrative authorities, prefectures, county councils and local councils of municipalities, cities and sectors of the city of Bucharest, the existing communication organizational structures will be reorganized into information and public relations departments and will necessarily include at least one office (a structure) of public information and a press relations office (a structure).

(2) Information and public relations offices will be organized at the level of the decentralized structures of the authorities and central public institutions, and the duties related to the relationship with the press and direct information of the people will be carried out separately by persons specially designated for this purpose.

(3) At the level of the communes, the duties related to the relationship with the press and the direct information of the people can be fulfilled by a person specially designated for this purpose by the local council.

Article 7

Each authority or public institution will determine, depending on the specifics of the activities, the number of people necessary to fulfill in good conditions the duties of the authority/institution in the line of information and public relations.

Article 8

(1) For public access to information of public interest disseminated ex officio, information-documentation points will be organized at the headquarters of each institution or public authority within the information and public relations departments.

(2) The presentation in electronic format of the information communicated ex officio by the institutions and public authorities provided for Art. 6 para. (2) and (3) it will be carried out in stages, taking into account the equipment with the calculation technique.

Chapter 3 - Procedures regarding free access to information of public interest

Article 9

Public authorities and institutions ensure access to information of public interest, ex officio or upon request, in accordance with the law.

Article 10

(1) Information of public interest that is communicated ex officio, according to the law, will be presented in an accessible and concise form that facilitates the contact of the interested person with the public authority or institution.

(2) Public authorities and institutions have the obligation to publish and update annually an information bulletin that will include the information provided for Art. 5 para. (1) from Law no. 544/2001.

(3) Public authorities are obliged to publish a periodic activity report ex officio, at least annually, which is published in the Official Gazette of Romania, Part III. The activity report will be drawn up in accordance with the provisions annex no. 6 to the present methodological norms.

Article 11

(1) Access to information of public interest communicated ex officio is achieved through:
a) display at the headquarters of the public authority or institution or by publication in the Official Monitor of Romania or in the mass media, in its own publications, as well as on its own Internet page;
b) consultation at the headquarters of the authority or public institution, at the information-documentation points, in spaces specially designed for this purpose.

(2) Display at the headquarters of the public authority or institution is, in the case of all public authorities and institutions, the minimum mandatory way of disseminating information of public interest communicated ex officio.

Article 12

In the administrative-territorial units in which a national minority holds a share of at least 20% of the population, the information communicated ex officio will also be broadcast in the language of the respective minority.

Article 13

The request for information of public interest, other than those provided to be communicated ex officio, will be addressed to the public institution or authority, under the conditions of art. 6 of Law no. 544/2001.

Article 14

(1) To facilitate the drafting of the request and the administrative complaint, the public authorities and institutions will provide the interested person with standard forms free of charge.

(2) The models of the standard forms of the request for information of public interest and of the administrative complaint are presented in annexes no. 1, 2a) and 2b).

(3) The model of the letter of response to the request and that of the letter of response to the administrative complaint, together with the model of the register for the registration of the documents provided for in para. (2), are presented in annexes no. 3, 4 and 5.

Article 15

(1) Information of public interest can also be requested and communicated in electronic format.

(2) The request for information of public interest or the administrative complaint can be sent by e-mail, according to the models of the standard forms presented in annexes no. 12a) and 2 B).

(3) Information of public interest requested in writing, in electronic format, can be communicated by e-mail or recorded on diskette.

Article 16

The deadlines for the written communication of an answer to the requesters of information of public interest are those provided by Law no. 544/2001, namely:
a) 10 working days for the communication of the requested information of public interest, if it has been identified within this term;
b) 10 working days for notifying the applicant that the initial term provided for LIT a) was not sufficient to identify the requested information;
c) 30 working days for the communication of information of public interest identified beyond the deadline provided for LIT a);
d) 5 working days for the transmission of the refusal to communicate the requested information and the reasons for the refusal.

Article 17

The daily schedule of the information and public relations departments will be that of the respective public authorities or institutions, established by the own regulation of organization and operation, including one day a week and hours after the operating schedule.

Article 18

(1) Access to information of public interest is free.

(2) The cost of copying services will be borne by the applicant, in accordance with the law.

(3) Payment for copying services will be made at the cashier of each public authority or institution.

Chapter 4 - The operation of the structures responsible for direct public information

Article 19

The structures or persons responsible for direct public information ensure the resolution of requests regarding information of public interest and the organization and operation of the information-documentation point.

Article 20

(1) Structures or persons responsible for direct public information receive requests for information of public interest.

(2) The request for information of public interest is the verbal or written action (on paper or electronic media) through which a person (physical or legal, Romanian or foreign) can request information considered to be of public interest.

(3) In the case of verbal formulation of the request, the information is provided on the spot, if possible, or with the guidance of the applicant to address a written request.

(4) Requests made in writing, on paper or electronically (e-mail), including those provided for para. (3), it is registered with the structures or persons responsible for direct public information, who issue the applicant with a written confirmation containing the date and registration number of the application.

Article 21

(1) After receiving and registering the request, the structures or persons responsible for direct public information carry out a primary evaluation of the request, after which it is determined whether the requested information is information communicated ex officio, provided on request or exempted from free access.

(2) If the requested information is already communicated ex officio in one of the forms specified at art. 5 from Law no. 544/2001, it is ensured immediately, but not later than 5 days, that the applicant is informed about this, as well as the source where the requested information can be found.

Article 22

(1) If the requested information is not among those that are communicated ex officio, the request is sent to the competent structures within the authorities and public institutions, to verify compliance with the provisions art. 12 from Law no. 544/2001.

(2) If the requested information is identified as being exempt from free access to information, it is ensured, within 5 days of registration, to inform the applicant about this.

(3) The structures provided for para. (1) have the obligation to identify and update information of public interest that is exempted from free access, according to the law.

Article 23

(1) The structures or persons responsible for direct public information receive from the structures provided for Art. 22 para. (1) the response to the received request and drafts the response to the requester together with the information of public interest or with the motivation for the delay or rejection of the request, under the law.

(2) The answer is recorded and sent to the interested person, on the requested medium, within the legal term.

Article 24

If the request does not fall within the competence of the institution or public authority, within 5 days of receipt, the structures or persons responsible for direct public information forward the request to the competent institutions or authorities and inform the applicant about it.

Article 25

The structures or persons responsible for direct public information keep records of the responses and receipts submitted by applicants regarding the payment of the costs of copying the requested materials.

Article 26

The structures or persons responsible for direct public information organize and operate the information-documentation point, as follows:
a) ensure the publication of the information bulletin of the public authority or institution, which will include the information of public interest communicated ex officio, provided for in art. 5 of Law no. 544/2001;
b) ensures the publication in the Official Gazette of Romania, Part II, of the activity report of the public authority or institution;
c) ensure the availability in written format (on the poster, in the form of brochures or electronically - diskettes, CDs, the Internet page) of the information communicated officially, provided for in art. 5 of Law no. 544/2001;
d) organizes within the institution's information-documentation point the public's access to the information provided by the office.

Article 27

(1) Each institution or public authority will annually draw up, through the information and public relations structures, a report on access to information of public interest, which will include:
a) the total number of requests for information of public interest;
b) the total number of requests, broken down by fields of interest;
c) the number of requests resolved favorably;
d) the number of rejected requests, broken down according to the reason for the rejection (information excluded from access, non-existent, etc.);
e) number of written requests:
        1. on paper;
        2. on electronic support;
f) the number of requests addressed by natural persons;
g) the number of requests addressed by legal entities;
h) number of administrative complaints:
        1. resolved favorably;
        2. rejected;
i) number of complaints in court:
        1. resolved favorably;
        2. rejected;
        3. pending resolution;
j) the total costs of the information and public relations department;
k) the total amounts charged for the requested public interest information copying services;
l) the estimated number of visitors to the information-documentation point.

(2) This report will be addressed to the head of the respective public authority or institution and will be made public.

(3) Central public authorities and institutions will ensure the collection of reports from the territory, and the centralized situations will be sent to the Ministry of Public Information.

Chapter 5 - The operation of the structures responsible for direct public information

Article 28

The special provisions regarding the access of mass media to information of public interest, as provided in Law no. 544/2001, it refers explicitly to the obligations of public authorities and institutions and does not regulate the media activity in any way.

Article 29

The structures or persons responsible for the relationship with the press of the respective institution or public authority have the following attributions:
a) to provide journalists, promptly and completely, with any information of public interest regarding the activity of the institution or public authority it represents;
b) to grant accreditation to journalists and mass media representatives without discrimination, within no more than two days after registration;
c) to inform in a timely manner and ensure the access of journalists to the activities and actions of public interest organized by the public institution or authority;
d) to ensure, periodically or every time when the activity of the institution or public authority is of immediate public interest, the dissemination of communiqués, press briefings, the organization of press conferences, interviews or briefings;
e) to distribute press files related to events or activities of the institution or public authority to journalists;
f) not to refuse or withdraw the accreditation of a journalist only for facts that hinder the normal performance of the activity of the respective institution or public authority and which do not concern the opinions expressed in the press by the said journalist;
g) in the event of the withdrawal of the accreditation of a journalist, to ensure the press organization obtains the accreditation for another journalist.

Article 30

(1) Accreditation is granted, upon request, to requesting journalists and media institutions. Credentials are not transferable and refer to the physical presence of the journalist in the premises or to the activities of the public authority or institution, to which media access is permitted.

(2) The accreditation of journalists does not attract the control of the authorities or public institutions that granted the accreditation over the materials published by the accredited journalist.

(3) The participation of journalists in the activities of authorities or public institutions cannot be limited or restricted by internal regulations that exceed the text Law no. 544/2001.

Chapter 6 - Sanctions

Article 31

Disciplinary responsibility of the official appointed for the application of the provisions Law no. 544/2001 is established according to the Statute of civil servants, special statutes or, as the case may be, Labor Code.

Article 32

If a person believes that the right regarding access to information of public interest has been violated, he can file an administrative complaint with the head of the public authority or institution to which the information was requested.

Article 33

The person who considers himself injured in his rights can submit the administrative complaint provided for in art. 32 within 30 days of becoming aware of the explicit or tacit refusal of the employees of the public authority or institution to apply the provisions Law no. 544/2001 and of the present methodological norms.

Article 34

If the complaint proves to be well-founded, the response to it is sent to the applicant who considers himself injured within 15 days from the filing of the administrative complaint. This response shall contain the information of public interest originally requested and shall also state the disciplinary action taken against the guilty official as per law.

Article 35

(1) For the analysis of administrative complaints of individuals, regarding non-compliance with the provisions Law no. 544/2001 and of the present methodological norms, at the level of each public authority or institution, an analysis commission is established regarding the violation of the right of access to information of public interest.

(2) The analysis commission regarding the violation of the right of access to information of public interest will have the following responsibilities:
a) receives and analyzes complaints from individuals;
b) conducts administrative research;
c) determines whether the person's complaint regarding the violation of the right of access to information of public interest is founded or not;
d) if the complaint is founded, it proposes the application of a disciplinary sanction for the responsible personnel and the communication of the requested public interest information. In the case of guilty civil servants, the analysis commission will inform the disciplinary commission of the public authority or institution about the result of the administrative investigation, which will propose the application of an appropriate sanction, according to the law;
e) draft and send the response to the applicant.

Article 36

(1) The applicant who, after receiving the answer to the administrative complaint, still considers himself violated in his rights provided by the law, can file a complaint with the administrative litigation section of the court, within 30 days from the expiration of the terms provided for in art. 7 from Law no. 544/2001.

(2) The exemption from stamp duty for the complaint to the tribunal and the appeal to the court of appeal does not include the exemption from paying for the copying services of the requested public interest information.

Article 36

(1) The applicant who, after receiving the answer to the administrative complaint, still considers himself violated in his rights provided by the law, can file a complaint with the administrative litigation section of the court, within 30 days from the expiration of the terms provided for in art. 7 from Law no. 544/2001.

(2) The exemption from stamp duty for the complaint to the tribunal and the appeal to the court of appeal does not include the exemption from paying for the copying services of the requested public interest information.

Chapter 7 - Final Provisions

Article 37

Within 30 days from the entry into force of these methodological rules, the central and local public administration authorities and public institutions will ensure the necessary spaces, as well as the modification of organizational charts, in order to implement the provisions Law no. 544/2001.

Article 38

Within 60 days from the entry into force of these methodological norms, information and public relations departments will be organized and internal regulations for their organization and operation will be drawn up.

Article 39

The computerization of the information and public relations departments will be ensured by public institutions and authorities, based on the proposals approved by the Government, under the conditions art. 24 from Law no. 544/2001.

Article 40

Appendices no. 1-6 are an integral part of the present methodological norms.

Appendices to the methodological norms

Appendix 1

APPLICATION FORM
- model -

Name of the public authority or institution ……………………..
Headquarters/Address ………………………………………………….
Date ……………………………………………………

Dear Sir/Dear Madam ……………………………….,
I hereby formulate a request according to Law no. 544/2001 regarding free access to information of public interest. I would like to receive a copy of the following documents (the applicant is asked to list the requested documents or information as specifically as possible): …………………………………………..
I want the requested information to be provided to me, in electronic format, to the following e-mail address (optional): ……………………………….
I am willing to pay the fees for copying services of the requested documents (if hard copies are requested).
Thank you for your concern,
..................... ..
(petitioner's signature)

Name and surname of the applicant ……………………………
Address …………………………………………………
Profession (optional) ………………………………..
Telephone (optional) ………………………………………
Fax (optional) ………………………………………….

Annex 2a)

ADMINISTRATIVE COMPLAINT (1)
- model -

Name of the public authority or institution ……………………….
Headquarters/Address ……………………………………………………
Date ………………………………………………………………

Dear Sir/Dear Madam ………………………………,
I hereby formulate an administrative complaint, according to Law no. 544/2001 regarding free access to information of public interest, since at the request no. …….. from the date of ………. I received a negative response, on ……, in a letter signed by ……/(fill in the name of the official concerned)…..
The documents of public interest requested were the following: …………….
...........................................................................
...........................................................................
The requested documents fall under the category of information of public interest, for the following reasons: …………………………………..
...........................................................................
I hereby request a reversal of the decision not to receive the requested public interest information in writing/in electronic format, considering that my right to information, according to the law, has been violated.
Thank you for your concern,
........................
(petitioner's signature)

Name and address of petitioner …………………….
Address ………………………………………….
Phone …………………………………………
Fax …………………………………………….

Appendix 2b)

ADMINISTRATIVE COMPLAINT (2)
- model -

Name of the public authority or institution ……………………..
Headquarters/Address …………………………………………………….
Date ……………………………………………………………….

Dear Sir/Dear Madam ………………………………..,
I hereby formulate an administrative complaint, according to Law no. 544/2001 regarding free access to information of public interest, since at the request no. ……. from the date of …………. I did not receive the requested information within the legal term established by law. The documents of public interest requested were the following: ……………………….
The requested documents fall under the category of information of public interest, for the following reasons: …………………………………..
I hereby request a reversal of the decision not to receive the requested public interest information in writing/in electronic format, considering that my right to information, according to the law, has been violated.

Thank you for your concern,
........................ ..
(petitioner's signature)

Name and address of petitioner …………………….
Address ………………………………………….
Phone …………………………………………
Fax …………………………………………….

Appendix 3

RESPONSE TO REQUEST
- model -

From:
Name of the public authority or institution ……………………
Headquarters/Address …………………………………………………..
Contact person ……………………………………………..
Date …………………
By:
Name and surname of the applicant ………………………………
Address …………………………………………………………

Dear Sir/Dear Madam ………………………………..,
Following your request no. ……. from …….., whereby, according to Law no. 544/2001 regarding free access to information of public interest, request a copy of the following documents: …………………..
(1) we send you, in the annex to this letter, the requested information;
(2) we inform you that the requested information could not be identified and dispatched within the initial 10-day period, which will reach you within 30 days from the date of registration of your request;
(3) we inform you that in order to resolve your request you must contact …………………………..,
since our institution does not have the requested information;
(4) we inform you that the requested information does not fall into the category of information of public interest, being exempted from the free access of citizens;
(5) we inform you that the requested information does not exist in the database of our institution.
The requested information has been provided to you in electronic format, to the following e-mail address (optional): ………………………………..

The fees related to the requested document copying services are as follows (when applicable): ………………………………………..

Yours,
........................ ..
(official's signature)

Appendix 4

RESPONSE TO THE COMPLAINT
- model -

From:
Name of the public authority or institution ……………………..
Headquarters/Address …………………………………………………….
Contact person ……………………………………………….
Date ……………………
By:
Name and surname of the applicant …………………………………
Address ………………………………………………………

Dear Sir/Dear Madam ………………………………..,
Following your complaint no. ….. from the date of ……….., according to Law no. 544/2001 regarding free access to information of public interest, after the negative response received/the delay in response to request no. ……. of ………, whereby, according to the above-mentioned law, you request the documents below: ……………………………………………………………….
we inform you that the decision not to receive (on time) the requested documents:
(1) falls within the provisions of the law, as it is about information exempted from the free access of citizens;
(2) does not fall within the provisions of the law, being an error of an official. We assure you, with our apologies, that the requested public interest information will be sent to you within the legal term of 15 days. The official responsible for the erroneous decision regarding you was sanctioned with …………………….
 
Yours,
..............................
(leader's signature
authority or public institution)

Appendix 5

REGISTER
for recording access requests and responses to information of public interest
- model -

No. and date of applicationName and surname of the applicantInformation requestedThe answer*)No. and the date of the response
     
     
     
     
     
     
     
     
     
     

*) As the case:
        – Yes, free access;
        – Term of 30 days;
        - Sent …………. (other institution);
        – No, excepted information;
        – No, non-existent information.

Appendix 6

ORIENTATIVE FRAMEWORK
for the preparation of the annual activity report of the public authority or institution

An activity report will have to present the following standard elements:

  1. the mission of the public authority or institution, as well as the objectives that had to be achieved during the reporting period;
  2. performance indices, with the presentation of their degree of achievement;
  3. brief presentation of the programs carried out and how they are reported to the objectives of the public authority or institution;
  4. reporting expenses, broken down by programs;
  5. non-achievements, with mention of their causes (where applicable);
  6. proposals for remedying deficiencies.

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