"The Superior Council of Magistracy is the guarantor of the independence of the judiciary system"
(art 133 Para 1 Romanian Constitution, republished)
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Alegeri 2010
Accesari:
   17.540.390   
Cititori:
   1.666.939   
   
Public information

According to art. 12 of Law no. 544/2001, the following information are excepted from the free access of citizens:
   a) information concerning the field of national defense, security and public order, if are part of the classified information, according to law;
   b) information concerning the deliberations of authorities, as well as the ones concerning the economical and political interests of Romania, if  are part of the classified information, according to law;
   c) information concerning the commercial and financial activities, if publishing them affects the principle of loyal competition;
   d) information concerning personal data, according to law;
   e) information concerning the procedure during the criminal or disciplinary investigation, if the result of the investigation is endangered, confidential sources are exposed or the life, the corporal integrity or the health of the person is endangered as a result of the investigation, pending or ended;
   f) information concerning the judicial procedures, if its publicity does not guarantee a fair trail or the fair interest of the parties involved;
   g) information that affect, by being published, the measures for the protection of the young people.


Information that support or hide breaking law by a public authority or institution cannot be included in the category of classified information and are information of public interest.
Information concerning personal data can become information of public interest only if they affect the capacity of exerting a public position.
The clear or tacit refusal of the appointed person, within a public authority or institution, with applying the provisions of the present law, represents breaches of duty and will attract the disciplinary liability. A complaint can be submitted, against the refusal, to the Commission of Analyzing the infringement of the right to access to public information within the Superior Council of Magistracy, within 30 days from the date of taking notice by the injured person. If, after the administrative investigation, the complaint is proved to be sound, the answer will be transmitted to the injured person within 15 days from the submitting of the complaint and will contain both the public information asked initially and the disciplinary sanctions taken against the guilty persons.


When a person is endangered in his rights, according to art 22 of Law no. 544/2001, he can submit a complaint to the administrative litigation section of the tribunal that has jurisdiction or to the Bucharest Tribunal. The complaint has to be made within 30 days from the date of expiration of the deadline provided for by art 7 of Law no. 544/2001. The court can force the public authority or institution to submit the requested public information and pay moral or financial prejudice. The decision of the tribunal is object to appeal. The decision of the Appeal Court is final. Both the complaint and the appeal are judged in emergency procedure and are exonerated of fee.

The weekly audience schedule for the Superior Council of Magistracy is as follows:

Thursday, between 10,00 – 12,00, audiences granted by the General Secretary and juridical counselors;
Friday, between 10,00 – 12,00, audiences granted by the Deputy General Secretary and juridical counselors. 
The persons that feel entitled to request an audience will submit a written application to the SCM (Calea Plevnei no. 141B, Bucharest, Sector 6, fax no. 3116952), and they will receive a written answer with the date of the scheduled audience.
Note: According to Art. 95 para. 2 of Law no. 303/2004, on the Statute of magistrates, and of Art. 49 para. 2 of Law no. 304, on Juridical organization, the Superior Council of Magistracy cannot debate, during the audiences, the final judicial decisions, the judicial decisions that are submitted to appeal, as well as pending files.

Working schedule

The Superior Council of Magistracy has the following working schedule :

Monday to Friday, between 8,00 and 16,00.


                 © 2005 Consiliul Superior al Magistraturii. Toate drepturile rezervate.

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