Romania’s Constitutional Court Finds CNSAS Law As Unconstitutional

On January 31, 2008 the Constitutional Court found as unconstitutional Law no. 187/1999 regarding access to one’s own file from the communist period and the exposure of the communist political police.  

The decision is to be communicated to the chairmen of the chambers of Parliament and Government and is to be afterwards published in the Official Gazette.

The constitutionality of the CNSAS Law was contested in the trial between the institution and Dan Voiculescu, the former head of the Conservative Party.

In August 2006, CNSAS rejected Voiculescu’s appeal to the decision that ruled Voiculescu had been a collaborator of the former communist Securitate.

Late June 2007, the trial between Voiculescu and CNSAS was suspended, as the Bucharest Court of Appeals sent the file to the Constitutional Court.

Voiculescu’s lawyer, Sergiu Andon, had pleaded in court that the CNSAS law breaks certain constitutional rules.

Andon said that Parliament had no right to set up an organism, CNSAS respectively, that does not observe the constitutional principle of separation of powers and that exceeded the stipulations of the law regarding the Archives of the former Securitate.   

The CNSAS is an institution that was set up with the purpose to grant Romanian citizens access to the files and documents of the former communist secret police Securitate, held until December 22, 1989.

If you liked this story, please follow MEDIAFAX.RO on FACEBOOK »

The content of mediafax.ro is for your information only. Republishing or using this content is forbidden without express consent of MEDIAFAX. For this consent, please ask for it by mail at vanzari@mediafax.ro.