Policy brief #64: The implementation of decisional transparency in Romania

This policy brief concisely presents and analyzes the key provisions of Law no. 52/2003, before and after its 2013 revisions. The report evaluates the effectiveness of this law, presents an overview of the transparency of decision-making in Romania, and formulates policy recommendations. The first section of the brief presents the legislative framework on transparency of the decision-making process, including its recent updates. The second section examines the „transparency reports” – reports on the application of Law 52/2003 – released by ministries over the past three years. It also provides a graphical representation of the information contained in these reports, revealing the degree of implementation of the law. The third section of the report focuses on the jurisprudence in cases involving public institutions (local or central) which have been sued by citizens or NGOs for failing to comply with the transparency requirements. Nine court decisions in cases involving the transparency law, are analyzed in order to draw a clear picture of the mechanisms explaining the failure to implement the law, as well as to show how it could be amended. Therefore, the report concludes with two sets of policy recommendations for improving the legal framework, thus facilitating the access of citizens and civil society to decision-making in Romania.