If a competent authority to whom a request for access to documents is made maintains silence for
more than seven (07) days and more than five (05) days for a request from a researcher or
journalists, this is equivalent to refusal.
The person concerned can resort to all administrative or judicial redress procedures that accrue to
him under the law.
Chapter V: Notification and Publication of Administrative Documents
Article 21: Except for a provision indicating an deemed refusal or a tacit approval, any decision
taken relating to an individual in the name of the state, local authority, a public body or a private
body performing public functions, is not binding upon the individual unless h/she had been
notified of this decision beforehand.
Article 22: Users of public services have a right to be informed of the reasons for individual or
collective administrative decisions concerning them that are unfavourable. The obligation to give
reasons applies especially to decisions that:
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Impose sanctions
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Refuse a benefit whose award constitutes a right for persons who have to meet certain
legal requirements to obtain them
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Subject the granting of an authorization to restrictive conditions or imposes constraints
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Withdraws or repeals a decision that creates rights
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Prevent a prescription, foreclosure or a disqualification
The decision should be in writing and state the legal and factual reasons that informed the
decision. The rules regarding the reasons for administrative decisions are specified by decree.
Article 23: Without prejudice to provisions related to the publication of laws and regulations; the
following are subject to regular publication: directives, instructions, circulars and service notes
that constitute an interpretation of positive law or description of administrative procedures.
Chapter VI: Receiving and Guiding Users of Public Services
Article 24: Every administration should ensure that there exist in its premises a welcome and
information centre at its service for reception and guidance of the public.
This service is required to pass on to users exact information on procedures and formalities to
obtain the services they provide.
Article 25: In order to facilitate the reception of users, each administration should have a sign
post of its departments which should carry the following as the case may be: