Regimul juridic al accesului la informații al consilierilor locali
Legal regime of access to information for local counselors

Summary/Abstract: Local counselors need access to information to properly exercise their mandate as local elected representatives. The legal regime of access to information for local counselors is governed by the provisions of Articles 218 and 226 of GEO no. 57/2019 on the Administrative Code. In addition to the rules of the Administrative Code, there are also provisions of Law no. 544/2001 on free access to information of public interest and Law no. 554/2004 on administrative litigation. This study distinguishes between the rules contained in the two articles of the Administrative Code and attempts to capture the difference between them. We will see, therefore, that a request to the local executive, based on the provisions contained in Art. 218 para. (1), has a narrower scope than one made under the provisions of Article 226. Even if Article 218 establishes as addressees of the request several subjects of law, compared to Article 226, which only considers the executive represented by the mayor or deputy mayor, from the point of view of the subject of the request, the scope is much broader in the case of Article 226 than in Article 218(1).

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