2.
3.
4.
5.
6.
1.
2.
3.
4.
public services, such as reports, studies, minutes, statistical data, circulars, replies
of the Administration, opinions and resolutions.
Any person having special legal interest is entitled, by written application, to be
informed of private documents kept in public services that are related to his/her
case pending before them or handled by them.
The right under the previous paragraph is not applicable in cases when the
document concerns the private or family life of a third party or if there is violation
of confidentiality stipulated by special provisions. The competent administrative
authority may refuse to satisfy this right if the document refers to the discussions of
the Cabinet of Ministers or if the satisfaction of this right may substantially obstruct
the investigation of judicial, police or military authorities concerning the
commission of a crime or an administrative violation.
The right of paragraphs 1 and 2 is exercised: a) by studying the document at the
premises of the service or b) by issuing a copy, unless the reproduction thereof can
prejudice the original. The relevant reproduction cost is incurred by the applicant
unless the law stipulates otherwise. If it is about medical information, they are
notified to the applicant with the assistance of a medical doctor appointed for this
purpose.
The right under paragraphs 1 and 2 is exercised subject to the existence of any
copyright or industrial property right.
The refusal of the-right under paragraphs 1 and 2 should be justified and notified in
writing to the applicant within one (1) month after the submission of the
application.
Article 6
Previous hearing of the interested party
Before-any-action or measure against the rights or interests of a specific person, the
administrative authorities are obliged to invite the interested party to express
his/her opinion, in writing or orally, concerning the relevant issues.
The invitation to the hearing is in writing, states the place, day and time of the
hearing and determines the subject of the measure or the action. The invitation is
forwarded to the interested party at least five (5) full days before the hearing date.
The interested party is entitled to be informed of the relevant evidence and proceed
to counter-evidence. The observance of the said procedure, as well as the
consideration of the views of the interested party, should be ascertained by the
Justification of the administrative deed. The adopted measure should be taken
within a reasonable period of time from the date of hearing of the interested party.
If the immediate taking of the unfavourable measure is necessary to prevent a risk
or due to imperative public benefit, the settlement is exceptionally possible without
previously inviting the interested party. If the settled situation may be changed, the
administrative authority, within fifteen (15) days, invites the interested party to
express his/her views in accordance with the previous paragraphs, and makes a new
settlement, if applicable. If the said time limit passes and no action is taken, the
measure ceases to be applied ipso jure without any further action.
The provisions of paragraphs 1 and 2 are also applied when the provisions related
to the unfavourable administrative deed allow for the possibility to file an
administrative appeal.
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