Informaţiile de interes public în viziunea legislaţiei şi jurisprudenţei româneşti actuale
Informations of public interest in the light of actual romanian legislation and jurisprudence

Summary/Abstract: The methodological norms regarding the application of Law no. 544/2001 on the free access to public interest information state that one of the most fundamental principles for observing and guaranteeing the access of citizens to this type of information is represented by the principle of transparency. This principle is also mentioned in the draft law regarding the Administrative Code of Romania whose theses have recently been made public. The very same principle of transparency consolidates the rights of the beneficiaries to obtain information from the public authorities and institutions as well as their correlative obligation to assist the beneficiaries with information that is issued ex officio or following their request, within the limits of the law. This paper aims to highlight the deficiencies of the Romanian administration with regards to decision making transparency and the lack of coherence in so far as the terminological interpretation of the phrase “public interest information” is concerned, a fact that generates frequent conflicts with the common citizen, unsatisfied with the way the administration manages the dialogue with the local community directly affected by the decisions implemented by authorities. The few examples revealed by the current jurisprudence analysed herein, were meant to demonstrate the variety of interpretations given to the notion of public interest information by different clerks and the more interesting ways to interpret the provisions stipulated by Law no. 52/2003 and Law no. 544/2001 by the Contentious Courts entrusted with cases aimed to compel the authorities to transmit to the interested public such information.

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