Right to information and ambiguities generated by classification of documents

Abstract

The right to information is one of the pillars of support for democracy, centered on individuals as citizens and their opportunity to be actively involved in the political life of a modern state. The right to information involves aspects such as transparency in governance and the possibility of the governed to access relevant information about how the decision-making process is carried out. In this article, we will approach the legislative perspective on the right to information both in Romania and in Europe, ruling on practices in the field and current challenges. Approaching the right to information from a legislative, doctrinal and jurisprudential point of view, confers to the academic space possible solutions in building a pertinent point of view on how some information of public interest can end up being sealed. The present article focuses on how document classification is carried out in contrast to citizens' rights to information, access to justice, and fairness in the process. Promoting transparency in the democratic system and protecting classified information in a non-compliant manner can lead to a series of ambiguities. In the light of the provisions of the Constitution of Romania, of the legislation of the European Union and of a broad doctrinal perspective, related to various jurisprudential aspects, we emphasize that the classification of information of public interest presents several implications, starting potential impacts on the right to information, culminating in the destabilization of the trust relationship between the state and its citizens.