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Integrity Scorecard

2008 Assessment

Romania: Integrity Indicators Scorecard

Romania: Integrity Scorecard Report > Sub-Category: Public Access to Information
Indicators		Score
12	Do citizens have a legal right of access to information?	100
13	Is the right of access to information effective?	50

Indicator and sub-Indicator Details

Do citizens have a legal right of access to information?

12a: In law, citizens have a right of access to government information and basic government records.

Score:

YES

Comments:

References: Constitution. Law 544/2001 on access to information of public interest (FOIA) Law 52/2003 on transparency of the decision-making process (Sunshine Act)

12b: In law, citizens have a right of appeal if access to a basic government record is denied.

Score:

YES

Comments:

References: Law 544/2001 on access to information of public interest (FOIA) Law 52/2003 on transparency of the decision-making process (Sunshine Act)

12c: In law, there is an established institutional mechanism through which citizens can request government records.

Score:

YES

Comments: However, the office of the Ombudsman is not very visible of active.

References: The office of the Ombudsman, set up by Law 35/1997.

Is the right of access to information effective?

13a: In practice, citizens receive responses to access to information requests within a reasonable time period.

Score:

100

Comments: The FOIA law says the data should be provided in 10 (working) days, or alternatively a justification should be given and the term can be extended to 30 (working) days. The problem, as always, is enforcement: some public institutions or companies pretend they are not covered by the law, if not funded directly from the national budget (they are). And, in general, there is very little information disclosed ex officio in the relevant format by authorities, to reduce the need to send repeated and customized demands for information (the law specifies the bits of info that should be disclosed "in the right format").

References: - Monica Macovei, lawyer and civil society activist, APADOR-Helsinki Committee, former minister of Justice, Aug. 12, 2008, Bucharest - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Aug. 12, 2008, Bucharest

13b: In practice, citizens can use the access to information mechanism at a reasonable cost.

Score:

100

Comments:

13c: In practice, citizens can resolve appeals to access to information requests within a reasonable time period.

Score:

100

Comments: Usually when sensitive bits of information are not disclosed upon the first request, a whole uphill struggle is necessary in order to squeeze them out of the institution. Journalists are more likely to be successful in these attempts than ordinary citizens.

13d: In practice, citizens can resolve appeals to information requests at a reasonable cost.

Score:

100

Comments:

13e: In practice, the government gives reasons for denying an information request.

Score:

100

Comments: