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Changing the law regarding decisional transparency in public administration

In the Official Gazette of Romania Part I, no. 679 of 5 November 2013 was published Law no. 281/2013 amending and supplementing Law no. 52/2003 regarding decisional transparency in public administration.

The main amendments to Law no. 52/2003 regarding decisional transparency in public administration:

It states that the announcement regarding the development of a draft normative act will be introduced to the public with at least 30 working days before the submission for approval by the public authorities.
The announcement will include: display date, a substantiation note, a explanatory statement, an approval report regarding the necessity of adopting the draft law, an impact study and / or feasibility, where appropriate, the full text of the draft act in question, and deadline, place and manner in which those interested can submit written proposals, suggestions, opinions with value of recommendation regarding the draft normative act.

The proposals, suggestions or opinions regarding the draft normative act submitted for public debate will be recorded in a register, mentioning the date of receipt, the person and contact information from whom it has received a proposal, opinion or recommendation.

There are inserted rules on how to conduct public debates.

In this regard, it mentions that the public authority in charge will also organize meetings, publish on its website and will display at its headquarters with the documents required by law the procedure on how to collect recommendations, how to register and address the meeting, time assigned for speaking and any other details of the ongoing public debate, that ensures freedom of expression of every interested citizen.

The public debate will end only when all applicants registered for speaking have expressed their recommendations with concrete reference to the draft legislative act in question.

Mandatory to participate in public debates are the initiators of the draft legislation within the institution or local public authority, experts or specialists who have participated in drafting the substantiation note, the explanatory memorandum, the approval report of the necessity of adopting the proposed normative act, the study of impact and / or feasibility, where appropriate, and draft normative act.

Within 10 calendar days after the end of the public debate, will be ensured public access on the website and at the headquarters of the responsible public authority to the following documents: minute of the public debate, collected written recommendations, improved versions of the draft normative act in various stages of elaboration, reports for approval, as well as the final version of the adopted normative act.

The documents will be stored on the responsible public authority website, in a section dedicated to  decisional transparency. All website updates will mandatory mention the posting date.

:: The source: JURIDICE.ro

Corina PESCARU

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