The Community acquis and the process of legislative harmonization in the field of the right to access to information of public interest Cover Image

Acquis-ul comunitar și procesul de armonizare legislativă în domeniul dreptului la informațiile de interes public
The Community acquis and the process of legislative harmonization in the field of the right to access to information of public interest

Author(s): Viorel-Marian Badea
Subject(s): Human Rights and Humanitarian Law, Public Administration, EU-Legislation
Published by: Institutul Român pentru Drepturile Omului
Keywords: legislative harmonization; the right to access to information of public interest;

Summary/Abstract: The study refers to the Community acquis and the process of legislative harmonization in the field of the right to access to information of public interest. After a brief analysis of the legislative measures taken in the period preceding Romania’s accession to the European Union, the author presents the main regulation in the field, starting with the Constitution of Romania (art. 31) and going on with Law No. 544/2001 on free access to information of public interest, the methodological norms for the application of this law and Law No. 86 of 10 May 2000. The application of Law No. 544/2001 is governed by three principles: the principle of transparency, the principle of unitary application, and the principle of autonomy (according to which each public authority or institution can elaborate its own Standing Orders for the organization and functioning of their departments of information and public relations, in conformity with the provision of the law and the methodological norms. The analysis of the impact upon society leads to several conclusions: the law is, as a rule, applied correctly; the conditions for its application were consolidated as the law was applied; the law is an instrument for the promotion of transparency and public responsibility, and for fighting corruption and opacity of State institutions; the citizens show an increased interest in the provisions of this law. In the end, the author examines in detail the jurisprudence related to certain articles in Law No. 544/2001.

  • Issue Year: 2008
  • Issue No: 1
  • Page Range: 28-35
  • Page Count: 8
  • Language: Romanian