20 November 2016

Information of public interest

Application of Law 544/2001 on free access to public information to DGNVM

  1. What you need to know about free access to public information

Public information communicated ex officio is the following:

–        The organisation and operation rules of DGNVM
–        Organisational structure – Organisation chart of DGNVM
–        Internal rules and procedures of DGNVM
–        Opening hours of DGNVM
–        Name of person in charge of public information within DGNVM – Grumazescu Maraiana Iuliana – Communication, Museum Education Manager, according to Decision no. 20.02.02.2016 issued by the management of the institution

–        Contact details of DGNVM, namely: name, head office, telephone and fax numbers, e-mail address and website
–        All this information can be found on the website of DGNVM
–        List of documents considered of public interest
–        Methods to contest the DGNVM decision in the event that the user considers s/he has been wronged in terms of his/her right to have access to the requested public information

  • All this information can be provided by the person in charge of public information and the relation with the civil society

–        Financial sources, budget and balance sheet
–        List of categories of documents produced/managed pursuant to the law

  • All this information can be provided by the Finance Department

–        Own programmes and strategies

  • All this information can be provided by the Communication Department
  1. What is information provided on request?

Any information provided as a result of a written or verbal request is considered information on request.

  1. How can information provided on request be obtained?

–  a) verbally – directly addressing the person in charge of public information within DGNVM. If that information is available, it can be provided immediately, otherwise the applicant is asked to file a written application.

–   b) in writing – on paper – with all the necessary specifications required to identify the requested information and with the identification data of the applicant: last name, first name, signature, telephone number and address (residence and e-mail)
–                               –  or electronically on the e-mail address of the person in charge of public information within DGNVM – with all the above mentioned specifications
– In this case the request will receive a registration number
–        DGNVM website will provide the standard application form, according to the applicable legal provisions.

  1. What are the costs of access to information?

The access to public information is free of charge. The applicant does not pay for the services of information search and identification, unless copies of official documents are requested, in which case s/he will pay the equivalent value of the copying services.

  1. How long does it take to get an answer to a request?

The institution has the obligation to reply in writing within 10 business days of submission of the request. Should it take longer to identify the information, depending on the difficulty, complexity and volume of the requested information, the applicant will receive an answer within 30 business days of submission of the request and will be informed thereof within 10 days.

If the requested information is classified and is not available for free access, the applicant will be notified thereof within 5 business days.

  1. Can an administrative complaint be filed for infringement of the right to have free access to public information?

Yes, within 30 days of the explicit or tacit refusal of the institution, and it will be addressed to its manager; the applicant will receive an answer within 15 days of registration of the complaint. If the complaint is grounded, the answer will contain the initially requested public information and will mention the disciplinary actions to be taken against the person at fault.

  1. Can the applicant take legal action in the event that s/he considers that s/he has been wronged in terms of his/her right to have free access to public information?

Yes, after the 30-day period from the initial request or after the answer received by the applicant to the administrative complaint, with the administrative court with jurisdiction over the applicant’s residence or over the head office of the public institution the applicant addressed to.

The court may order to the public institution to provide the requested public information. If the applicant is not satisfied with the decision of the court, it can be challenged by filing an appeal with the Court of Appeal, whose decision remains final and irrevocable. Both the claim filed with the court of first instance and the appeal filed with the Court of Appeal are exempt from stamp duty.

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