Detailed Summary of Civil Judgment No. 10137/2024
Parties in the Case
- Plaintiff: The Romanian Police Union “Diamantul”
- Defendants: Sălaj County Police Inspectorate (IPJ Sălaj) and Brăila County Police Inspectorate (IPJ Brăila)
Court
- Bucharest Tribunal, Section II – Administrative and Fiscal Litigation
Case Number and Date of Judgment
- Civil Judgment No. 10137/2024, pronounced on December 18, 2024
Subject of the Claim
The plaintiff requested the court to compel the defendants (IPJ Sălaj and IPJ Brăila) to disclose the following public interest information, in accordance with Law No. 544/2001:
- The date of the proposal submitted to IGPR for the declassification of the Regulation on Organization and Functioning (ROF).
- The date of declassification of the ROF and the number of the IGPR decision approving it.
- A copy of the IGPR decision approving the declassification.
- The publication of the declassified regulation on the institution’s website.
Court’s Ruling
For IPJ Sălaj:
- The court partially granted the plaintiff’s request and ordered IPJ Sălaj to disclose the date on which it proposed the declassification of the regulation to IGPR.
- Additionally, IPJ Sălaj was ordered to publish the declassified regulation on its website.
For IPJ Brăila:
- The court partially granted the plaintiff’s request, ordering IPJ Brăila to disclose the date on which it proposed the declassification of the regulation to IGPR.
Dismissed Requests:
- The court rejected the plaintiff’s request for a copy of the IGPR decision approving the declassification, stating that this information was not in the defendants’ possession but under IGPR’s jurisdiction.
- The request to compel IPJ Brăila to publish the regulation was also dismissed, as the court found that the declassified portion of the ROF was already published on the institution’s website.
Legal Costs
- IPJ Sălaj was ordered to pay the plaintiff 750 RON as attorney fees.
- IPJ Brăila was ordered to pay 375 RON for the same purpose.
Reasoning of the Court
Regarding the Requested Information:
- The court found that the date of the declassification proposal and the publication of the declassified regulation are public interest information, as they are directly related to the activities of public authorities.
- The refusal of the defendants to disclose this information was unjustified, especially since the regulation had already been declassified.
Regarding the Dismissed Requests:
- As for the IGPR decision approving the declassification, the court ruled that the information was not in the possession of IPJ Sălaj and IPJ Brăila, as it was issued exclusively by IGPR.
- Regarding the request to compel IPJ Brăila to publish the regulation, the court found that the relevant portion of the ROF was already publicly available. In the absence of evidence that other parts of the regulation were subsequently declassified, the court did not consider it necessary to impose an additional obligation.
Regarding Legal Costs:
- The court granted legal costs proportionally to the extent to which the claims were admitted against each defendant.
Appeal Process
The judgment may be appealed within 15 days from the date of communication. The appeal must be filed with the Bucharest Tribunal – Section II Administrative and Fiscal Litigation.
Vitalie Josanu
President of the Romanian Police Union “Diamantul”
