General standard for publication of information of public interest

Type of information disclosed

Ground for action

1. Legislation which regulates the organization and operation of the institution, with link to each legislative act (available in electronic format) in the portal http://legislatie.just.ro/.

Express legal provision (art. 5 para. (1) let. a) of Law no. 544/2001).

2. Management

2.1 Management – full list of persons in a managerial capacity within the management of the institution, with name and surname. In case of holders of significant public offices (ministers, state secretaries, prefects, managers of state-owned enterprises) their CV-s and photographs shall be published as well.

Express legal provision (art. 5 para. (1) let. c) of Law no. 544/2001).

Aspects approved by the Romanian Government through the Memorandum on “increasing transparency and standardization of the publication of information of public interest” from March 2016.

2.2. Management’s agenda, with regular updating and indication of the activities performed by the management of the institution.

Aspects approved by the Romanian Government through the Memorandum on “increasing transparency and standardization of the publication of information of public interest” from March 2016.

3. Organization

3.1. Organizational and operational rules and regulations with indication of the departments’ duties.

Express legal provision (art. 5 para. (1) let. b) of Law no. 544/2001).

3.2 Organizational chart

Express legal provision (art. 5 para. (1) let. b) of Law no. 544/2001), with indication of the following aspects approved by the Romanian Government through the Memorandum on “increasing transparency and standardization of the publication of information of public interest” from March 2016: maximum number of jobs.

Alongside the organizational chart, there shall be a link to the Organizational and operational rules and regulation for full information about the duties of the structures making up the organization.

3.3. List and contact data of the institutions which are subordinated / coordinated by the institution or are under its authority.

Aspect approved by the Romanian Government through the Memorandum on “increasing transparency and standardization of the publication of information of public interest” from March 2016.

3.4 Career – disclosure of vacancies within the respective institution

Express provision of the Government Decision no. 611/2008 for the approval of the rules concerning the organization and development of civil servant career.

(Art. 39 para. (2) of the Government Decision no. 611/2008)

4. Own programs and strategies

Express legal provision (art. 5 para. (1) letter f) of Law no. 544/2001).

5.  Reports and studies (activity reports and other reports required by the law)

Express legal provision (art. 5 para. (3) of Law no. 544/2001).

The framework for the activity report is provided for in the annexes to the Government Decision no. 123/2002 123/2002 for the approval of the methodological rules for the implementation of Law no. 544/2001.

Type of information disclosed

Ground for action

1. Request for information of public interest

1.1.Name and surname of the civil servants in charge of access to information of public interest, as well as their contact data (e-mail address, phone number). 

Express legal provision (art. 5 para. (1) let. c) of Law no. 544/2001)

1.2. List of documents of public interest and list of documents generated / managed by the institution, according with the legal provisions.

Express legal provision (art. 5 para. (1) let. g) and h) of Law no. 544/2001).

1.3 Model of standardized request / form – request for access to information based on the provisions of Law no. 544/2001.

The model of standardized request is provided for in the annexes to the Government Decision no. 123/2002 for the approval of the methodological rules for the implementation of Law no. 544/2001.

1.4. Instructions concerning time for and manner of appealing a decision and dedicated forms, according with the annexes to the implementing rules.

Express legal provision (art. 5 para. (1) let. i) of Law no. 544/2001)

The models for administrative complaints are provided for in the annexes to the Government Decision no. 123/2002 for the approval of the methodological rules for the implementation of Law no. 544/2001.

1.5   Annual reports concerning the implementation of the provisions of Law no. 544/2001

Express legal provision (art. 5 para. (3) of Law no. 544/2001)

2. Newsletter concerning information of public interest.

Express legal provision (art. 5 para. (2) of Law no. 544/2001)

The newsletter shall comprise links to information already disclosed in different sections, presenting a summary of this information aimed at increasing the accessibility of the information.

3. Budget

3.1. The budget comprising all funding sources of the institution, in open data format, as well as the budgetary corrections of the institution.

Express legal provision (art. 5 para. (1) let. e) of Law no. 544/2001)

3.2. Budgetary execution – payment status in open data format (updated monthly).

Aspect approved by the Romanian Government through the Memorandum on “increasing transparency and standardization of the publication of information of public interest” from March 2016.

The payments shall be disclosed monthly, starting 2015, and shall provide at least the following information (supplier’s name, date of payment, amount paid, type of expenditure, explanations), of which in relation with non-refundable funds.

3.3 Status of salary rights and of other rights provided for in special legislative acts.

Aspect approved by the Romanian Government through the Memorandum on “increasing transparency and standardization of the publication of information of public interest” from March 2016.

3.4 Annual situation of non-reimbursable financing granted to natural or legal persons without patrimonial purpose

Art. 11 from the Law no. 350/2005 regarding the regime of the non-reimbursable financing from public funds allocated to non-profit activities of general interest

The website shall give information on the salary rights established according with the legal provisions, on types of functions, for the staff of the respective institution, as well as other rights provided for in special legislative acts (benefits, project related allowances).

In the same section legal benefits granted by the institution shall be mentioned, like: institution’s fleet vehicles, official residences, protocol expenses, with indication for each piece of information of the legal framework (legislative acts and article) which provides for these rights, according with the model further below. This model is a minimum standard for detailing information. 

As regards the management boards of state owned enterprises the total of the allowances granted to the members of the management boards shall be disclosed, as well as its structure and the biannual accounting executions.

Model for reporting on the status of salary rights

No.          Function        Salary rights (minimum-maximum)          Other rights/benefits

1.        Minister .............           ..........

2.        Secretary of state  ..............  ...........

3.        Legal advisor ..............  ...........

Type of information disclosed

Ground for action

4. Biannual balance sheets.

Express legal provision (art. 5 para. (1) let. e) of Law no. 544/2001)

5. Public procurement

5.1 Public procurement annual program

According with art. 5 para. (1) let. f) of Law no. 544/2001 corroborated with art. 2 para. (3) letter e) of the Government Decision  no. 395/2016 every public authority has to disclose on its own website the public procurement annual program and the annex hereto.

5.2 Summary of the public procurement with indication of the contract execution, in open data format, for contracts with a value beyond 5,000 Euros, with quarterly updating.

Aspects approved by the Romanian Government through the Memorandum on “increasing transparency and standardization of the publication of information of public interest” from March 2016;

5.3 Public procurement contracts with a value beyond 5,000 Euros, including their annexes.

According with the provisions of art. 11 para. (1) of Law no. 544/2001, every institution has the right to make available to the interested parties copies of public procurement contracts. The public procurement contracts executed by the contracting authority, with a contractual value beyond 5,000 Euros shall be disclosed. Each contracting authority which is subject to the Memorandum shall disclose the public procurement contracts in compliance with the provisions of the Government Decision 901/2015 on the approval of the National strategy in the field of public procurement and with the application of art. 217 of the Law no. 98/2016 on public procurement. Contracting authorities have the obligation to ensure the protection of the information which the companies consider to be confidential, to the extent in which, objectively, the disclosure of this information would prejudice the legitimate interests of the company, especially with regard to the commercial secret and intellectual property. In respect to confidentiality provisions, the non-disclosure on the website of the contracting authority shall be motivated.

Contract title

Contract number and date of awarding

Subject matter of the contract

Procedure applied

Number of bidders

Supplier / Provider / Constructor

Partners

(associats/

subcontractors/

supporting third parties)

Value of the contract (RON)

Funding source

Beginning date

Contractual completion date

Modification of the price based on supplementary agreement  and date acestuia.

Execution of contract

Final price

Status

(cpmpleted / undergoing)

Paid value (with VAT)

Date of payment

.....

15.000

01.01.2016

25.000

10.000

01.02.2016

Type of information disclosed

Ground for action

6. Declarations of assets and declarations of interests of the public institution staff – holders of significant public offices, civil servants, contractual staff  

Express legal provision (Law no.  176/2010 on integrity in the exercise of public functions and mandates and to amend and supplement Law no. 144/2007 on the creation, organization and operation of the  National Integrity Agency, as well as to amend and supplement other legislative acts)

7. Standardized requests / forms which the authorities of the public administration request to be filled in by the citizens. Each form shall indicate the estimated average time for filling in by the interested party.  

E.g.:

Form X  - filling in time 3 minutes

Form Y -   filling in time 7 minutes

Recurring request of the civil society, initially motivated by the simplification of the procedures and maintained as a premise of the current trend of digitalization of the public administration