Romanian Central Bank (NBR – National Bank of Romania) could be sued for failing to comply with a request for providing public information. April 19th is the date of expiry of 30 days period being the maximum that BNR has available to meet such demands, according to Law 544/2001.
Romanian Central Bank is already in a position to be sued for breach of Article 7 of Law 544/2001, which says that all the public institutions, and NBR is one of them, should respond to such requests within 10 days of receiving the request. And only If the answers involve more time looking for information, this period may be lengthened to 30 days. However, any of this extension have to be noticed to the person requesting the information.
Here is the wording of Article 7 of the named Act: “Article 7. – (1) public authorities and institutions are obliged to reply in writing to request public information within 10 days or, where appropriate, within 30 days of the request submission, depending on the difficulty, complexity, scope of work documentation and the urgency of the request. If the time needed to identify and disseminate information required exceeds 10 days, the answer will be communicated to the applicant within 30 days, provided notice thereof in writing of that fact within 10 days.
(2) Refusal to provide the requested information shall be justified and communicated within 5 days of receipt of petitions. ”
Law can and even consulted the NBR website at the following address: http://bnro.ro/apage.aspx?pid=404&actId=324036
The submitted request contained a set of 10 questions for BNR, aimed at various aspects related to Romania’s national gold reserve.
Some of the questions from the address asks NBR for providing information on methodology of accounting for gold reserves held abroad from National Bank and on the costs of these operations.
Receipt of the request was confirmed by the communications department of the NBR and Mr Mugur Stet, communications director of the institution.
NBR has not answered to the second address, delivered after the expiry of the first term, of 10 days, which has advised NBR about passing of the deadline required by law to answer.
Address submitted by the National Bank, the acknowledgement receipt from Mr. Mugur Stet, and the second address sent after the expiry of 10 days required by law, will be published at the time of fulfillment of the second term ( 30 days) of Law 544/2001.
For non-compliance of the obligations that NBR as public institution has under the law on access to public information, National Bank of Romania may be equally liable as an approach developed through the institution the Ombudsman but also through of a common complaint in court, which jurisdiction is determined specifically by the legislature in favor of the administrative department of the court whose jurisdiction the person resides or in which jurisdiction is based authority or public institution.