Câteva considerații referitoare la calitatea procesuală pasivă a autorităților și instituțiilor publice în litigiile izvorâte din aplicarea Legii nr. 544/2001 privind liberul acces la informațiile de interes public
Some considerations on the capacity to be sued of the public authorities and institutions in disputes arising from the application of the Law no. 544/2001 on the free access to public information

Summary/Abstract: This paper aims to address some issues encountered in the control/audit activity that the Romanian Court of Accounts performs on public authorities and institutions, which aims the disputes arising from breaching by them of the provisions of Law no. 544/2001 on free access to public information. The law provides, in art. 22, that the person who considers himself injured in his rights may appeal to the legal administrative department in whose territorialjurisdiction is residing or the authority or public institution is situated, and the court may require the defendant authority to provide the requested information and pay moral and/or property damages. The defendant in this litigation is the territorial administrative unit (village, town, city, county), and the obligation to pay any compensation falls to it.

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