Civic participation in Romania: information about public participation and involvement

Public interest information can mean any information related to the activities or resulting from the activities of a public authority, public institution, or public utility foundations.

Public interest information can be provided proactively (automatically published by the respective institution) or upon request.

For example, it is mandatory for public authorities and institutions to annually publish and update an information bulletin containing various information, including the local budget, by displaying it at the authority's headquarters, publishing it in the Official Gazette of Romania, or in mass media, in their own publications, as well as on their own website.

On  the authorities’ websites you will typically find: 

• The laws or regulations under which the institution operates;

• Organizational structure and responsibilities of the institution's departments;

• Annual budget of the respective institution;

• Information about ongoing projects;

• Declarations of assets and interests of the officials working there;

• Information regarding public procurements.

Public authorities and institutions are required to provide public interest information through a public relations department or an individual designated with responsibilities in this field (e.g., spokesperson).

Any individual or legal entity, Romanian or of another nationality, can request information of public interest. Therefore, you can request access to information on your own behalf or on behalf of the company or organization you represent.

You are not required to explain the reasons for requesting this information. Whether you are merely curious or have serious reasons for seeking information, the response should be the same.

You can request information of public interest verbally at the headquarters of the authority or institution or by calling their telephone number.

For verbally requested information, those responsible for information and public relations are obligated to specify the conditions and forms in which access to information of public interest takes place and can provide you with the requested information on the spot.

If the verbally requested information cannot be provided on the spot, you will be directed to submit the request in writing for the information of public interest.

Any individual or legal entity, Romanian or of another nationality, can request information of public interest. Therefore, you can request access to information on your own behalf or on behalf of the company or organization you represent.

You are not required to explain the reasons for requesting this information. Whether you are merely curious or have serious reasons for seeking information, the response should be the same.

You can submit the request for information of public interest by mail or email. Many institutions have a special email address for public interest information requests. In case you want to obtain information from an institution that does not have such a special email address, you can write to their general email address (contact/secretariat/registry).

📌 What elements should a request for public information contain?  

Written requests for public information must include the following information:

• The authority or public institution to which you address the request;

• The specific information requested, allowing the public authority or institution to identify what you are looking for;

• Your full name and signature (as applicant), as well as the address where you request to receive the response.

You can also use the standard forms provided by the respective institution or the templates available online, such as this one.

The use of standard forms is optional. The institution or authority you are addressing is not allowed to refuse you access to public information because you did not use their template, as long as your request included the mandatory elements listed above.

📌 How soon should I receive a response? 

For the information requested in writing or electronically, public institutions are required to respond in writing to requests for public information within 10 days.

Attention! If the time required for identifying and transmitting the requested information exceeds 10 days, the requested information will be communicated to you within a maximum of 30 days. The authority is obliged to notify you in writing about the extension of the response period within a maximum of 10 days.

📌 What happens if I haven't requested information from the correct institution?

If the information requested does not fall within the competencies of the institution you addressed it to, within 5 days from registration, the structures or persons responsible for direct public information shall transmit the request to the competent institutions or authorities and will inform you about it.

For example, if you have requested information from the City Hall, that actually falls under the jurisdiction of the Prefecture, don't worry! The City Hall is obliged to forward your request to the Prefecture and inform you about it.

📌 When can an institution refuse to provide the requested information?

An institution may refuse to provide certain information if it falls in one of the following situations:

• Classified information in the field of national defense, security, and public order;

• Classified information concerning the economic and political interests of Romania;

• Information whose publication would affect intellectual property rights or fair competition;

• Information that includes personal data;

• Information whose publication could affect criminal investigations, reveal confidential sources, or endanger the life or health of a person as a result of the investigation;

• Information regarding judicial procedures, if their publication would affect a fair trial or the legitimate interest of any of the parties involved in the process;

• Information whose publication would affect the protection measures of young people.

Attention! Refusal to communicate the information and its motivation shall be submitted in writing within 5 days of receiving the request.

📌 How can I contest the institution's refusal?

Administrative Complaint - You can file a complaint with the head of the respective authority or public institution within 30 days from the moment you received the refusal to provide information.

This complaint triggers an internal administrative investigation conducted by the leadership to verify why the requested information was not made available.

If, after the administrative investigation, your complaint proves to be well-founded, the response will be sent to you within 15 days of filing the complaint and will include both the initially requested public interest information and the mention of disciplinary sanctions taken against the responsible party.

Court Appeal - If, however, even after the administrative investigation, access to the requested information is still not allowed, you have the option to file a complaint with the administrative litigation section of the court in whose territorial jurisdiction you reside or where the headquarters of the authority or public institution is located.

For example, if you live in Mangalia and you want to obtain public interest information from an institution located in Bucharest, you can address either the Constanta Court or the Bucharest Court. You can find the complete list of courts in Romania here.

Attention! The court appeal must be made within 30 days from the expiration date of the deadline for the initial request, i.e., within 10 days or, as the case may be, within a maximum of 30 days from the registration of the request.

In addition to the fact that the court can compel the authority or public institution to provide the requested public interest information, it may also require the payment of moral and/or patrimonial damages.

📌 How soon should I receive a response?

For information requested in writing or electronically, public institutions are obligated to respond in writing to requests for public interest information within 10 days.

Attention! If the time required to identify and transmit the requested information exceeds 10 days, the requested information will be communicated to you within a maximum of 30 days. The authority has the obligation to notify you in writing about the extension of the response deadline in a maximum of 10 days.

A reasoned refusal of the institution to transmit the requested information must be sent within a maximum of 5 days from the date of your initial request.

So, if after the expiration of the 5-day period there is no reasoned refusal or after 10 days we do not have the requested information or the guarantee that it will be sent later (within 30 days), we are in the scenario of an unjustified refusal to resolve the request.

📌 How can I complain if I haven't received a response?

Administrative Complaint - You can file a complaint with the head of the respective authority or public institution within 30 days from the moment you received the refusal to provide information.

This complaint triggers an internal administrative investigation conducted by the management to verify why the requested information was not made available.

If, after the administrative investigation, your complaint proves to be well-founded, the response will be sent to you within 15 days of filing the complaint and will include both the initially requested public interest information and the mention of disciplinary sanctions taken against the responsible party.

Court Appeal - If, however, even after the administrative investigation, access to the requested information is still not allowed, you have the option to file a complaint with the administrative litigation section of the court in whose territorial jurisdiction you reside or where the headquarters of the authority or public institution is located.

For example, if you live in Mangalia and you want to obtain public interest information from an institution located in Bucharest, you can address either the Constanta Court or the Bucharest Court. You can find the complete list of courts in Romania here.

Attention! The court appeal must be made within 30 days from the expiration date of the deadline for the initial request, i.e., within 10 days or, as the case may be, within a maximum of 30 days from the registration of the request.

In addition to the fact that the court can compel the authority or public institution to provide the requested public interest information, it may also require the payment of moral and/or patrimonial damages.

If you are interested in participating in a public debate on a specific normative act, the first step to consider is to check the website and the headquarters of the public authority, where the notice of this action will be displayed. 

The announcement should include: 

• The date of publishing;

• The explanatory memorandum and statement of reasons, i.e. the documents justifying why the respective legislative act is adopted or amended. Its purpose is to provide transparency and justification for the decisions made, so they can be evaluated and understood by those interested;

• An approval report regarding the necessity to adopt the proposed legislative act;

• An impact and/or feasibility study, if applicable;

• the complete text of the legislative act draft.

If a consultation meeting is also organized, information about the deadline, location and the method by which interested parties can submit written proposals, suggestions, opinions with recommendation value regarding the draft of the legislative act, will be included. This also covers the method of collecting recommendations, the registration and speaking procedures, the time allocated for taking the floor and any other details related to the conduct of the public debate that ensure the right to free expression of any interested citizen.

Attention! The organization of a public debate regarding the legislative project in question is conditional; this must be  formally requested in writing by a legally constituted association or by another public authority.

The public debate will be completed when all the participants registered to speak according to the submitted procedures have expressed their views regarding the legislative project.

Within 10 calendar days after the public debate, the respective institution must provide public access, on its website and at its headquarters, to the following documents:

• The minutes of the public debate;

• The written recommendations collected;

• The improved versions of the draft legislative act in various stages of development;

• The approval reports;

• The final adopted version of the legislative act.

Authorities such as the Parliament or Local Councils provide the public with the opportunity to participate in public debates.

If you are interested in attending a public meeting, the first step is to check the website or the headquarters of the public authority, where the announcement of the public meeting will be posted, including the time, date, and location.

However, this participation is not always guaranteed, as the law states that the participation of interested individuals in public meetings will be limited to the available seats in the meeting room, "in the order of precedence given by the interest of legally constituted associations in relation to the subject of the public meeting," an order established by the person presiding over the public meeting.

📌 What is a petition?

A petition is defined as a written request, complaint, notifice or proposal that a citizen or a legally established organization can address to the authorities, either in writing or by email.

📌 What elements must a petition contain?

The only mandatory element that a petition must contain is your identification data. Anonymous petitions are classified. However, it is in your best interest that your petition describes as clearly as possible the situation that concerns you, as well as the action you want that institution to take.

📌 How do I submit my petition to a public authority?

The law does not specify a single way to address a public authority. Therefore, there are several ways to contact them, depending on the institution.

Generally, the traditional way to address a public authority, in addition to using their specific contact numbers, is through a written request, in physical or electronic format via email, the form of which again depends on the desired content.

Additionally, you can request an audience, in which case you will discuss directly, in person, with a representative of the respective institution (usually with management responsibilities).

If you prefer another method, a useful tip would be to check the website of the authority you want to address, especially the contact section where all the available options will be specified.

Some institutions provide online contact forms or petition submissions on their website. A final possible method would be to use mobile applications for easier submission of complaints. For example, the number of municipalities in Romania with their own mobile applications is growing, including the Sectors 4 and 6 City Halls in Bucharest, as well as the City Halls of Galați, Mioveni, Piatra Neamț, Sibiu and Târgoviște.

📌 How soon should I receive a response?

The authorities and public institutions that have been notified have the obligation to communicate the response to your petition within 30 days from the date of registration, regardless of whether the solution is favorable or unfavorable.

In the situation where the issues raised by the petition require a more detailed investigation, the head of the public authority or institution may extend the prescribed period by up to 15 days.

📌 What if I didn't petition the correct institution?

Petitions incorrectly addressed will be forwarded within 5 days of registration by the authority to which you sent the petition to the authorities or institution responsible for addressing the issues raised in the petition.

For example, if you asked the City Hall for an action that actually falls under the jurisdiction of the Prefecture, don't worry! The City Hall is obliged to forward your request to the Prefecture and inform you accordingly.

In the situation where you consider that you have been harmed in one of your rights or legitimate interests by a public authority, through an administrative act or through the failure to resolve a request within the legal timeframe, you can file a complaint against the respective institution.

For example, if you requested a permit from the City Hall and it was denied, although you met all the legal criteria, you can file a complaint against that decision.

📌 Step 1 - preliminary complaint.

As a first step, you must request the public authority that issued the document, within 30 days from the date of communication of the document, to revoke it, either entirely or partially. The complaint can also be addressed to the higher hierarchical body, if it exists.

If you receive an unfavorable response this time as well, you can choose to proceed to step 2.

📌 Step 2 - administrative litigation.

Administrative litigation is a legal process in which disputes between citizens and the public administration are judged. When an individual or a company is dissatisfied with the decisions or actions taken by the authorities, they can ask a court to resolve this dispute.

📌 Which court should I address?

When it comes to disputes regarding administrative acts issued or concluded by local and county public authorities, as well as those regarding fees and taxes, contributions, customs debts, as well as their accessories of up to 5 billion lei, these disputes will be initially resolved by the courts.

For disputes concerning administrative acts issued or concluded by central public authorities, as well as those regarding taxes, contributions, customs debts, as well as their accessories exceeding 5 billion lei => these disputes will initially be settled by the administrative and fiscal litigation sections of the Courts of Appeal, as a rule (that is, unless a special law provides otherwise). You can find the complete list of courts in Romania here.

📌 How much time do I have to sue the state?

There are several deadlines for suing the state, depending on different circumstances such as the form of the act that caused the person's dissatisfaction. Requests to cancel an administrative act that specifically and directly affects you or requests to acknowledge a violated right and seek compensation for damages caused can be submitted within 6 months from the date of receiving the response to the initial complaint or, as the case may be, the date of unjustified refusal to resolve the request, or from the date of expiry of the legal deadline for resolving the request.

In certain special situations, the request can be submitted after the 6-month deadline, but no later than one year from the date of issuance of the act.

The only available legal path for a citizen who wants to change/initiate a law is through legislative initiative, the conditions of which are enshrined in the Constitution.

It requires a minimum of 100,000 signatures from citizens with the right to vote. Citizens exercising their right to a legislative initiative must come from at least a quarter of the country's counties, and in each of these counties, including Bucharest, at least 5,000 signatures must be registered in support of this initiative.

But if we are talking about changing the Constitution itself, 500,000 people will be needed, from half of the country's counties, and the number of signatures from these counties (including Bucharest) must be at least 20,000. These legislative proposals can only be considered in the specific form required for legislative projects.

However, there are also indirect ways through which a citizen's legislative initiative can reach the Parliament, methods based on discussions with the representatives of the ministries or with various parliamentarians willing to take on that bill to bring it to the debate. There is no established procedural path by law through which someone can contact various parliamentarians or representatives of the Government, but only the possibility of addressing them at the contact details provided on the website or through hearings, both mediated by a specific department of Public Relations or at least a person designated in this role.

Attention! They cannot be the object of the citizens' legislative initiative:

• Fiscal issues (taxes, taxes, etc.);

• Provisions of an international nature (eg, withdrawal from a certain international convention);

• Amnesty and pardon (acts granting collective or general pardon for certain crimes or convictions).

If you are interested in participating in a public debate on a specific legislative proposal, the first step to consider is checking the website and the headquarters of the public authority, where the announcement of this action will be posted.

The announcement should include: 

• The date of publishing;

• The explanatory memorandum and statement of reasons, i.e. the documents justifying why the respective legislative act is adopted or amended. Its purpose is to provide transparency and justification for the decisions made, so they can be evaluated and understood by those interested;

• An approval report regarding the necessity to adopt the proposed legislative act;

• An impact and/or feasibility study, if applicable;

• the complete text of the legislative act draft.

If a consultation meeting is also organized, information about the deadline, location and the method by which interested parties can submit written proposals, suggestions, opinions with recommendation value regarding the draft of the legislative act, will be included. This also covers the method of collecting recommendations, the registration and speaking procedures, the time allocated for taking the floor and any other details related to the conduct of the public debate that ensure the right to free expression of any interested citizen.

Attention! The organization of a public debate regarding the legislative project in question is conditional; this must be  formally requested in writing by a legally constituted association or by another public authority.

The public debate will be completed when all the participants registered to speak according to the submitted procedures have expressed their views regarding the legislative project.

Within 10 calendar days after the public debate, the respective institution must provide public access, on its website and at its headquarters, to the following documents:

• The minutes of the public debate;

• The written recommendations collected;

• The improved versions of the draft legislative act in various stages of development;

• The approval reports;

• The final adopted version of the legislative act.

Protest actions can bring social issues such as corruption, inequality or human rights violations to public attention. They can draw the authorities’ and the public’s awareness to these problems, increasing the chance of finding solutions and achieving beneficial changes.

As a participant in a protest, you have certain obligations:

• to respect the recommendations made by the organizers of public gatherings, their authorized representatives or law enforcement bodies;

• not to prevent the normal development of public gatherings and not to incite such actions through speech, manifestos or other audiovisual means;

• not to bring or have, during public gatherings, dangerous objects (alcoholic beverages, weapons of any kind, explosive or incendiary materials, irritant-tear gases or paralyzing substances, devices for electric shocks or other objects that can be used for violent or disruptive actions);

• to immediately leave the public gatherings or the place where they are held, when you have been summoned by the organizers, their authorized representatives or by the police;

• not to participate in public gatherings while intoxicated, not to consume or distribute alcoholic beverages or drugs.

In addition to these, the essential condition is that such activities should be carried out only peacefully.

Protest actions can bring social issues such as corruption, inequality or human rights violations to public attention. They can draw the authorities’ and the public’s awareness to these problems, increasing the chance of finding solutions and achieving beneficial changes.

📌 What authority do I need to contact to get approval?

You must address, in writing, the mayor of the administrative-territorial unit (city, commune) where the gathering is planned to take place.

📌 What documents do I need?

You must submit the written declaration at least 3 days before the date of the planned demonstrations. In the declaration you need to mention:

• the name under which the organizing group is known;

• the purpose of the demonstration;

• place, date, starting time and duration of the event;

• the route you are planning to take;

• the approximate number of participants;

• the individual authorized to ensure and be responsible for the organizational measures;

• the services you request from the local council, the local police and the gendarmerie.

📌 What obligations do I have as an organizer?

As an organizer, you are obliged to:

• to register the declarations of holding public meetings at the territorially competent gendarme units, at least 48 hours before;

• to determine the persons responsible for leading public meetings;

• to ensure an own order device consisting of personnel wearing distinctive insignia, established together with the commander of the gendarme unit that ensures public order measures;

• to delimit the space for holding public gatherings by means of distinctive and visible signs, and when they take place on the move, to take measures to limit the occupied circulation space;

• to pay in advance, on the basis of an estimate and invoice, the value of the services and facilities requested from local councils for the normal conduct of public meetings;

• to establish the inflow and outflow routes of the participants and to take measures so that the occupation of the spaces intended for public gatherings takes place shortly before the start time of the activities, and their leaving is done immediately after the established time-limit;

• to take measures to prohibit participation in public gatherings of persons who have alcoholic beverages or who are under their influence;

• to take measures to remove the participants who, through the way of demonstration, disturb the public order and peace, and when they do not obey, to report them to the police bodies;

• to immediately interrupt the public assembly when acts of a nature to affect public order have occurred; after restoring order, the public meeting can continue within the initially approved time limit;

• to prohibit the participation in public gatherings of people who have weapons of any kind, explosive or incendiary materials, irritant-tear-forming substances or substances with a paralyzing effect, devices for electric shocks or other objects that can be used for violent actions or to disrupt the event.

How to NGO is a website that provides up-to-date legal information regarding the legal framework governing the organization and day-to-day operations of NGOs. The platform aims to explain complex laws and regulations in a more accessible language, thus helping NGO representatives to use fewer resources for legal and administrative tasks.

Built together with organizations and experts in the field, a learning platform was created for civil society organizations. A one-stop-shop for information, with solid resources for all types of organizations, grouped by activity category and accompanied by support materials for anyone looking to enhance their skills.

Attention! Only individuals with Romanian citizenship can establish political parties or join an already existing party!

📌 What documents do I need to establish a new political party?

• the registration application, signed by the leader of the party’s executive body and by at least 2 founding members;

• party statute;

• the party program;

• founding act, signed by at least 3 founding members;

• a statement regarding the headquarters and the party's patrimony;

• proof of opening a bank account.

📌 What is the procedure I need to follow?

1. The aforementioned documents are submitted to the Bucharest Court.

2. The registration application is displayed at the Bucharest Court headquarters for 15 days.

3. Within 3 days from the date of submitting the application for registration, the announcement regarding this is published by the applicant in a widely circulated national newspaper.

📌 What obligations do I have as a founder?

First and foremost, on a formal level, as the founder of a political party, you need to prepare a sworn statement regarding the authenticity of the signatures, a declaration that will be attached to the list of signatures required for the registration of the party.

Additionally, the founder should always avoid actions that could lead to the dissolution of the party. These may include:

• violation of the constitutional provisions;

• when the purpose or activity of the political party has become illegal or contrary to public order;

• when the achievement of the political party's purpose is pursued through illegal means or contrary to public order;

• when the party pursues a purpose other than that resulting from its statute and political program;

• as a result of the inactivity* noted by the Bucharest Court.

The inactivity of a political party can be noted in the following situations:

• It has not held any general assembly for 5 years;

• It did not appoint candidates, alone or in alliance, in two successive electoral campaigns, except the presidential one, in a minimum of 75 electoral districts in the case of local elections, ot a complete list of candidates in at least one electoral district or candidates in at least 3 electoral constituencies, in the case of parliamentary elections.

There are certain conditions regarding membership in a political party. Therefore, citizens who, according to the Constitution, have the right to vote can be members of political parties.

Additionally, a Romanian citizen cannot be a member of two or more political parties at the same time.Therefore, when joining a political party, every person is required to declare in writing, under their own responsibility, whether or not they are a member of another political party.

As for the actual registration process, it is usually straightforward. Interested individuals typically need to start by completing an online form on the party's website, after which the internal selection process begins.

📌 How is the owners' association established?

The homeowners' association is established with the written agreement of at least half plus one of the property owners in a building with multiple residences, provided there are at least 3 owners.

In order to be established, during the first meeting, the statute of the owners' association must be presented and adopted, which must include information regarding:

• Name, headquarer, duration of operation;

• Purpose, according to the law;

• The structure of income and expenses;

• Members of the association, as well as their rights and obligations;

• Organization and functioning of the association;

• How expenses will be allocated;

• Conditions under which it can be dissolved;

• When and how access to individual property is allowed for the president or a member of the executive committee of the association;

• Arrangement of an office where activities will take place, and documents will be kept.

📌 What rights do I have as a member of a homeowner's association?

As a member of a homeowner's association, you have the following rights:

• To attend and vote in the general assembly of the association;

• To register your candidacy, to run for office, to vote and be elected in the organizational structure of the association;

• To be informed about the association’s activities and to receive a copy, upon request, of any of its documents;

• To receive explanations regarding the amount you are required to contribute to the association;

• To address complaints to the president, executive committee, or specialized institutions regarding the disturbance of peace and compliance with public order;

• To request the annulment of a decision of the association that is contrary to the law or the interests of the property owners.

📌 What obligations do I have as a member of a homeowner's association?

Each owner has the obligation to:

• Notify the president of the association of any changes to the structure and number of family members, occupants or tenants/shareholders, within 10 days of the change, in writing;

• Maintain your own space in good working order at your own expense;

• To repair damages or cover the costs of the necessary repairs if you have caused damage to a neighbor’s individual property;

• To allow the access of the president of the association, the members of the executive committee, the administrator and a qualified person, when work related to the common property of the owners needs to be carried out;

• Take measures for the repair, consolidation, and modernization of the condominium to maintain a harmonious appearance of the entire building.

📌 The responsibilities of the homeowners association include:

• Elect and revoke the positions within the homeowners' association;

• Adopt and amend of the property’s statute;

• Making decisions regarding the execution of maintenance, repairs, modernization, consolidation, thermal rehabilitation, and energy efficiency works; contacting banks to obtain loans to cover expenses for various works; deciding on the annual salary and allowances fund and its amounts; determining the methods and installments for contributions;

• Adopt and amend the budget.

📌 How decisions are made in homeowner associations?

The general assembly can make decisions if the majority (half plus one) of the property owners who are members of the homeowners' association are present either in person or represented by individuals with a written and signed authorization from the owners on whose behalf they are voting.

If the required quorum of half plus one of the homeowners' association members is not met at the first convocation, the general assembly meeting is suspended and reconvened within a maximum of 15 days from the date of the first convocation. At the reconvened general assembly, if there is evidence that all members of the homeowners' association have been notified based on a convocation list or by registered mail and by posting on the notice board, decisions can be adopted, regardless of the number of members present, by the majority vote.

Decisions requiring a two-thirds majority of the total number of property owners are made on matters with significant impact, such as the modernization, repair, or improvement of the property.