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Deadlines for Examining Requests for Information Have Been Doubled

15 April 2021
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The Committee on Emergencies (CE) has doubled the deadline for processing requests for information during the state of emergency due to a lack of public sector employees physically working at the offices. Therefore, the maximum waiting time for a request for information could reach 30 days. This decision was taken on April 15.
 
“During the state of emergency, the legal deadlines for examining requests related to free access to information of public interest as well as petitions will be doubled,” Aureliu Ciocoi, interim Prime Minister, announced after the CE meeting.

He explains that the reason for this decision is the insufficient number of staff working at the state institution offices on a daily basis. “As you know, only 30% of civil servants are physically present at their offices. Thus, the insufficient physical presence of civil servants at the state institutions results in creating additional difficulties for the state institutions examining petitions and requests for information within the time limits stipulated by the legislation,” Ciocoi mentioned during the press briefing.

Last year, after the state of emergency was announced, the longest term for examining and resolving petitions and requests for information was tripled, reaching 45 days. A number of journalists and media experts criticized that decision, noting that the state authorities did not demonstrate full transparency even in more ordinary situations.

In her comment for Media Azi, Tatiana Puiu, the lawyer, affirms that the right of access to information is not an absolute one: in certain situations, the authorities may introduce additional regulations in this regard. According to her, the governments of the countries where the coronavirus is spread have reduced their activities to focus on combating the pandemic. “In such circumstances, enjoying the right of access to information may be restricted for the simple reason that information providers may not manage to provide responses in a timely manner,” the expert explains. She also refers to the recommendations of the Council of Europe, according to which, “public access to information shall be managed pursuant to the existing principles stipulated by the jurisprudence of the ECtHR. Any restriction related to access to information shall be exceptional and proportionate in order to protect public health.”