Administrative Procedure Code (1999) (excerpts)




Issue No: 45

9th March 1999

LAW No 2690

Ratification of the Administrative Procedure Code and other provisions






Article 5

Access to documents

1. Any interested party is entitled, by written application, to be informed of administrative documents. Administrative documents are documents drawn up by public services, such as reports, studies, minutes, statistical data, circulars, replies of the Administration, opinions and resolutions.

2. 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.

3. 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.

4. 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.

5. The right under paragraphs 1 and 2 is exercised subject to the existence of any copyright or industrial property right.

6. 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.