Law No. 187 Of 7 December 1999 Concerning Access To Your Files And Security Policy That The Unveiling Of The Police

Original Language Title:  LEGE nr. 187 din 7 decembrie 1999 privind accesul la propriul dosar şi deconspirarea securităţii ca poliţie politica

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071674/-lege-nr.-187-din-7-decembrie-1999-privind-accesul-la-propriul-dosar-i-deconspirarea-securitii-ca-poliie-politica.html

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Law No. 187 of 7 December 1999 (* updated *) with respect to access to your files and unveiling of the Communist political police *) (updated until March 22, 2006)-PARLIAMENT ISSUING — — — — — — — — — — — — — *) originally was published in MONITORUL OFICIAL nr. 603 of 9 December 1999. This is the updated form of S.C. "territorial Center of Electronic Computing" Piatra Neamt until March 22, 2006 with the changes and additions brought about by: RECTIFICATION No. 187 of 7 December 1999; EMERGENCY ORDINANCE No. 16 of 22 February 2006; CORRECTION No. 16 of 22 February 2006.
— — — — — — — — — — — — — — — — *) Title of the law was amended by section 1 of article. From the EMERGENCY ORDINANCE nr. 16 of 22 February 2006 published in MONITORUL OFICIAL nr. 182 of 27 February 2006.
Romanian Parliament adopts this law.
During the period of Communist dictatorship, comprised between 6 March 1945-22 December 1989, the Communist Party has pursued Novel, in particular by the security organs of the State, part of the political police, a permanent terror against citizens of the country, their fundamental rights and freedoms. This entails access to your files and unveiling of the Communist political police, under the present law.
— — — — — — — — — — — —-the preamble of the law was modified by CORRECTION No. 187 of 7 December 1999, published in Official Gazette No. 619 December 17, 1999.
The preamble of the law was amended by paragraph 2 of article 9. From the EMERGENCY ORDINANCE nr. 16 of 22 February 2006 published in MONITORUL OFICIAL nr. 182 of 27 February 2006.


Article 1 (1) Any Romanian citizen or foreign citizen that after 1945 had Romanian citizenship, as well as any citizen of a country member of the North Atlantic Treaty Organization have a right of access to their own files compiled by the Communist police, and policy from other documents and information relating to his own person, in accordance with the provisions of the law on the protection of information relating to national safety. Same as benefit and any citizen of a Member State of the European Union, with effect from the date of Romania's integration in the European Union, in accordance with the provisions of the law on the protection of information relating to national safety. This right shall be exercised upon request and consists in studying the region, issuing of copies of acts and other dossier documents relating to his own person.
  

(1 ^ 1) Access is addressed to all kinds of information gathered by law enforcement officials who pursued the activity of a political police during the Communist regime, regardless of support that was them, paper, microfilm, diskette, audio or video tape.

(2) at the same time the person, subject of a file which shows she was stalked by State security organs shall be entitled, upon request, to find out the identity of agents and collaborators who have contributed information to this file, but if they can be settled with certainty.
  

(3) the rights specified in paragraph 2. (1) and (2) benefits and survivor husband relatives up to the fourth degree inclusive of the deceased person, unless it decided otherwise.
  

(4) the exercise of the rights referred to in paragraph 1. (1) to (3) shall be made personally or by representative with power of Attorney and authentic.
  

— — — — — — — — — — — —-. (1) of article 1. 1 was amended by section 3 of article 9. From the EMERGENCY ORDINANCE nr. 16 of 22 February 2006 published in MONITORUL OFICIAL nr. 182 of 27 February 2006.
Paragraphs 1 and 2. (1 ^ 1), art. 1 was introduced by paragraph 4 of article 1. From the EMERGENCY ORDINANCE nr. 16 of 22 February 2006 published in MONITORUL OFICIAL nr. 182 of 27 February 2006.
Paragraphs 1 and 2. (2) and (3) of art. 1 amended paragraph 5 of art. From the EMERGENCY ORDINANCE nr. 16 of 22 February 2006 published in MONITORUL OFICIAL nr. 182 of 27 February 2006.


Article 2 in order to ensure the right of access to information, any Romanian citizen resident in the country or abroad, as well as audiovisual and print media, political parties, non-governmental organizations legally constituted authorities and public institutions have the right to be informed, upon request, in connection with the quality of agent or collaborator of the political police of the candidates at presidential elections and the persons occupying the following titles or functions: a) the President of Romania;
  

b) Deputy or senator;
  

(c) a member of the Government), Secretary of State, Secretary of State, Secretary general, Deputy Secretary general of the Government and of the ministries, director in the Ministry and assimilate these functions;
  

d) Secretaries and Deputy Secretaries of Chambers of Parliament, directors of departments of both Chambers, approached and State Councillors;
  

e) prefect, subprefect, director of the Prefecture, Secretary-General of the County Council and of the General Council of Bucharest, Mayor, Deputy Mayor, County Councillor, Councillor in the General Bucharest City Council, Alderman, the decentralized public services chiefs in counties;
  

f) Director and his deputies, heads of County structures from the internal intelligence service information, the Director and his deputies of the foreign intelligence service, the Department of protection and guard service, telecommunications and General Direction of information and Internal Protection, Ministry of administration and Interior;
  

g) inspector general of police, inspector general, Assistant director-general, director, service Chief and head of the Office at central and district, as well as the other officers and employees subofiteri MOAI;
  

h) persons with managerial functions at the national level and, in the financial guard and the customs bodies;
  

I) judges and Assistant-from the CSM oversees the High Court of Cassation and justice and the Constitutional Court, prosecutors from the public prosecutor's Office attached to the High Court of Cassation and justice, and the national Anticorruption Department, judges, prosecutors and clerks of courts and prosecutors ' offices to civilian and military lawyers and notaries public;
  

I) diplomatic and consular staff;
  

j) courts of law the chairpersons, President, Councillors of financial accounts, prosecutors and Registrar Court of Auditors;
  

k) President and Chairman of the Department at the Legislative Council, members of the Legislative Council, people with managerial functions from the authority for State assets recovery Agency and from National public servants, Presidents and members of the competition Council, the National Commission for securities, the National Institute of statistics and the National Agency of cadastre and real estate Advertising;
  

l) Ombudsman and its adjuncts;
  

m) member of the National Council of the audiovisual sector;
  

n) member on the boards of Directors of public companies of radio and television, shareholder, administrator, director, editor-in-Chief, editors in public services, private tv times or print media, political analysts and their asimilatii, if applicable;
  

a) Governor of Banca Naţională a României, President, Vice-President of the Bank and the members of the Board of Directors of the banking sector;
  

p) Member, associate member, Honorary Member or Secretary of the Romanian Academy;
  

r) prorectorii, Rector, Scientific Secretary of the Senate, academic Deans, the Vice-Deans, Secretary of the scientific faculty and the heads of the Department of higher education institutions and enterprises;
  

s) inspector general or deputy inspector specialist of the County School Inspectorate, director of high school times Dhani, and director in institutions of culture at national, local, municipal and County;
  

s) President, Vice-President, Secretary general and other members of the statutory bodies of political parties, at both national and local, County, or of non-governmental organizations and asimilatii these functions;
  

t) military and civilian personnel with managerial functions of the Ministry of National Defense, and major States of the categories of forces of the army, according to the nomenclatures of functions, as well as commanders of units or equivalent;
  

t) religious hierarchies and bosses recognized by law, up to and including level of priest, and asimilatii from their parishes around the country and abroad;
  

u) President, Vice-President and Secretary general of employers ' organizations and trade unions which are representative at national and asimilatii these functions, as well as other members of the executive;
  

v) director of the Department of post and telecommunications, the Chief of service of post and telecommunications, the Chief of telephone exchange;
  

x) the people driving from county health departments, from the county public health departments and from Bucharest, Romania, College of physicians of health insurance, the directors of hospitals, as well as psychiatrists, doctors Anatomic Pathology and legisti;
  

y) people with leadership positions, including Member of the Board of Directors in 1900, national companies and companies with activities in the public interest or strategic leadership and members of associations and foundations, branches that operate on the territory of Romania, including founders thereof;
  

z) persons who hold the title of revolutionary or fighter with outstanding achievements in the revolution of December 1989.
  

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Intro part and lit. e), f), (g)),),),),),),),) and t) of art. 2 were amended by section 6 of article. From the EMERGENCY ORDINANCE nr. 16 of 22 February 2006 published in MONITORUL OFICIAL nr. 182 of 27 February 2006.


Article 3 (1) persons who run for the Office of President of Romania shall be obliged to make a real statement, self-responsibility, concerning membership or neapartenenta as agent or collaborator of the Communist political police. Declarations on honour shall be submitted to the Central Electoral Bureau, which, within 24 hours after registration, they advance to the National Council for studying the Securitate archives.
  

(2) in this case, the verification shall be carried out ex officio, following the decision to be published in the Official Gazette of Romania, part III, and communicated to the press no later than 7 days prior to the election.
  

(3) the decision may be appealed to attack High Court of Cassation and justice within 24 hours of publication. The appeal shall be settled as a priority, in 48 hours of referral. The decision shall be published in the Official Gazette of Romania, part I.
  

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Art. 3 amended by point 7 of article. From the EMERGENCY ORDINANCE nr. 16 of 22 February 2006 published in MONITORUL OFICIAL nr. 182 of 27 February 2006.


Article 3 ^ 1 (1) persons who have been elected or appointed in one of demnitatile times the functions referred to in article. 2 are required to make a Declaration on honour *), in accordance with the model set out in annex II, which forms an integral part of this law, related to the neapartenenta agent appurtenance or as times contributor to Communist political police. The verification shall be carried out ex officio for persons who were elected or appointed in the demnitatile or in the functions referred to in article 1. 2(a) a)-(f)), including the exercise of such titles or functions on the date of entry into force of the Emergency Ordinance of Government No. 16/2006.
  

(2) the statement referred to in paragraph 1. (1) shall be filed in the envelope, the head of the institution, which appoints or institution validates the choice, as follows *): the members of Parliament and senators), as well as the Secretaries and Deputy Secretaries of Chambers of Parliament, directors of departments of both chambers-the Chamber of Deputies, respectively President of the Romanian Senate;
  

Government members, b) State Secretaries of State, subsecretarii, general Secretary, Assistant Secretaries from the Government and from State ministries, counseling and personal you Prime Minister, prefects (governors) and subprefectii, Directors-General and directors of the Chancellery of the Prime Minister, the Secretariat General of the Government, as well as those from ministries and asimilatii-these functions to the Prime Minister;
  

c) approached advisers and Presidential Administration State-President of Romania;
  

d) directory in the Prefecture, the decentralized public services chiefs in counties-the prefect;
  

It's County Counsellor), Counsellor in the General Bucharest City Council, Secretary-general of the County Council and of the General Council of Bucharest City-County Council President, namely the general Bucharest City Mayor;
  

f) Mayor, Deputy Mayor, Alderman and local-to primary;
  

g) Director and his deputies, heads of County structures from the internal intelligence service information, the Director and his deputies of the foreign intelligence service, the Department of protection and guard service, Special telecommunications, General Directorate of information and Internal Protection, Ministry of administration and Interior-the head of the institution to which they belong.
  

(3) shall be deposited with the Authorities who are obliged to send statements of the National Council for studying the Securitate archives, within 30 days from the date of election or appointment, the list of persons satisfying the functions referred to in article 1. 2(a) a)-f), accompanied by closed envelopes containing statements at your own risk. The list shall contain the following information: a) the full name, including any previous names, and the date and place of birth;
  

b) first and last name, father's name and surname of the mother;
  

c) place of work and position handle;
  

d) domicile of the Act.
  

(4) Checks if the person is exercising ceased one of demnitatile or functions enumerated in article 10. 2 resign within 15 days from the date of communication of such checks. Verification of the candidates for the Presidency in an emergency procedure, it ceased if the person about which items have been identified by political police withdraws candidacy within 24 hours from the date of the hearing by the National Council for College study of Securitate archives.
  

(5) check shall be in the manner established in article 11. 2, respecting the procedures laid down in articles themselves. 15. Verify priority persons elected or appointed in titles or functions at national level.
  

(6) the persons submitting the Declaration on honour shall be exempt from the obligation to ensure the protection of the information State secrets or secret service, in the context of hearings by the National Council for College study of Securitate archives.
  

(7) the decisions of the National Council for College study of Securitate archives, final, containing the name, forename, name conspiratorial, there is, period, and the collaboration of qualified facts as the activity of a political police, emergency information will be published in the Official Gazette of Romania, part III, and will be made available to the mass media.
  

(8) if the National Council for studying the Securitate archives find an inconsistency between the Declaration on honour relating to the membership as an agent or collaborator of the Communist political police and the test, published in the form of a final decision in the Official Gazette of Romania, part III, to inform the public prosecutor's Office attached to the High Court of Cassation and justice, and notifies the bodies specified in paragraph 1. 2. (9) convicted for committing the crime of false statements attract public function loss of dignity or in which he was elected or appointed, according to the legislation in force. In the case of members of the Romanian Parliament, the crime investigation is done by the public prosecutor of the High Court of Cassation and justice, and the jurisdiction of the Court is the High Court of Cassation and justice, which judge these cases in an emergency procedure. Final sentence shall be communicated, not later than 24 hours after her pronouncement, President of the Chamber's parliamentarian. Chairman of the Board concerned sign with priority invalidation on the agenda.
  

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Art. 3 ^ 1 has been introduced by point 8 of article 4. From the EMERGENCY ORDINANCE nr. 16 of 22 February 2006 published in MONITORUL OFICIAL nr. 182 of 27 February 2006.
*); The EMERGENCY ORDINANCE nr. 16 of 22 February 2006 published in MONITORUL OFICIAL nr. 182 of 27 February 2006: "authorities are submitted declarations in accordance with art. 3 ^ 1 (1). (2) of law No. 187/1999 are required to send the National Council for studying the Securitate archives, within 30 days after the entry into force of this emergency Ordinances, list of persons satisfying the functions referred to in article 1. 2(a) a)-f) of the Act mentioned, accompanied by closed envelopes containing statements at your own risk. The list shall contain the following information: a) the full name, including any previous names, and the date and place of birth;
  

b) first and last name, father's name and surname of the mother;
  

c) place of work and position handle;
  

d) domicile of the Act. "
  

*) Para. (1) of article 1. 3 ^ 1 was modified by CORRECTION No. 16 of 22 February 2006, published in MONITORUL OFICIAL nr. 256 of 22 March 2006.


Article 4 Repealed.
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Art. 4 was repealed by point 9 of article. From the EMERGENCY ORDINANCE nr. 16 of 22 February 2006 published in MONITORUL OFICIAL nr. 182 of 27 February 2006.


Article 5 (1) by police policy is meant all those activities of the State security or other structures and institutions with repressive, which focussed on the establishment and maintenance of Communist totalitarian power, as well as the Suppression of rights and freedoms or avtotrassu chernovitsy fundamental human.
  

(2) it is an agent of the Communist political police any person who, having the quality of shop assistant of security organs or militia, including an officer, in the period 1945-1989, took political police activities within the meaning of this law.
  

(3) there is a collaborator of the Communist political police, for the purposes of this Act, the person who provided or enabled the transmission of information in any form, as well as notes and written reports, oral reports recorded by workers with the denuntau activities or attitudes opposing the Communist totalitarian regime, likely to affect the rights and freedoms bring fundamental human. The information contained in the statements, minutes of questioning or confrontation, given during the investigation and trial, in a State of liberty, detention and retention times of the interogata for political reasons relating to the cause for which has either been surveyed, be convicted and judgment, are not covered by this provision.
  


(4) Are assimilated employees referred to in paragraph 1. (3) persons who, having competent political decision-making, legal times, they took the decision at the central or local level, with respect to the activities of the political police of State security often on the activity of other structures of repression of the Communist totalitarian regime.
  

(5) engaging in the activity of the Communist political police of persons referred to in art. 2 it establishes the National Council for college study of Securitate archives based on data, evidence and clues in existing folders that are the subject of research, as well as any documents submitted by any person interested in case of lack, alteration or descompletarii file.
  

— — — — — — — — — — — —-. (2) of article 9. 5 amended by CORRECTION No. 187 of 7 December 1999, published in Official Gazette No. 619 December 17, 1999.
Art. 5 was amended by paragraph 10 of article 10. From the EMERGENCY ORDINANCE nr. 16 of 22 February 2006 published in MONITORUL OFICIAL nr. 182 of 27 February 2006.


Article 6 the provisions of art. 45 para. 2 of law No. 14/1992 concerning the Organization and functioning of the Romanian Information Service, as well as of art. 20 paragraph 1. 2 and art. 22 with reference to annex 4. 6 of the national archives Law No. 16/96 shall not apply to the dossiers to the article. 1 and data required under article 13. 2 of this law, and which cannot be regarded as relating to the safety of the national team of Romania.


Article 7 (1) for the application of the provisions of this law shall establish the National Council for studying the Securitate archives, based in Bucharest, hereinafter referred to as the Council.
  

(2) the Council is an autonomous body with legal personality, subject to Parliament's control. On an annual basis or at the request of Parliament, the Board presents reports.
  

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Art. 7 amended point 11 of article 1. From the EMERGENCY ORDINANCE nr. 16 of 22 February 2006 published in MONITORUL OFICIAL nr. 182 of 27 February 2006.


Article 8 (1) the Council is led by a college composed of 11 members.
  

(2) the members of the Council are appointed by the College, as follows: a representative of the President of Romania, one representative proposed by the Prime Minister, upon proposal of the 9 members of the parliamentary groups, according to the configuration of the political of the two Rooms, on the basis of the joint report prepared by the committees of the Chamber of Deputies and Senate in session, for a term of 6 years. The term of Office may be renewed once only, with respect to the procedures for appointing as provided by law.
  

(3) Proposals for Council College nominal lodged at the offices of the Chamber of Deputies and Senate of the Presidential Administration, the State Chancellery of the Prime Minister and the leaders of parliamentary groups, within the limit of the number of seats laid down pursuant to paragraph 1. (1) and (2), no later than 10 calendar days from the date of entry into force of the present law, they send legal commissions. Proposals will be accompanied by: curriculum vitae, copies of all the chips on the criminal history, including statements on the candidates ' own responsibility, in the sense that it does not fall under the provisions of art. 5 para. (2) to (4), that belonged and have collaborated with the securitate.
  

(4) the legal Committees of the Chamber of Deputies and the Senate will hear the meeting Township and will check the fulfilment of the conditions imposed on candidates by this law; the applications will be approved individually. Joint report with the result of hearings shall be handed to the permanent Offices of the two Chambers within 10 calendar days of receiving the lists including candidates.
  

(5) Candidates who do not meet the conditions laid down in this law shall be replaced at the request of the legal committees of the two chambers, as appropriate, by the President, Prime Minister or parliamentary groups which i have proposed. The new proposal shall be handed in within 5 days following the communication made by the permanent offices of the two chambers, as appropriate, to the President, Prime Minister or parliamentary groups which i have proposed. The seats vacant as a result of the nedepunerii proposals for candidates within the period of 5 days to redistribute between parliamentary groups, according to the configuration specified in paragraph 2. (2) and (6) the Chamber of Deputies and Senate, meeting in joint session on the basis of the report of the judicial committees shall decide by voting on the list including candidates for College Council, no later than 10 calendar days from the date of submission of the report of the legal committees. Voting shall be by roll-call.
  

(7) the College Council shall elect from among its members a President, a Vice-President and a Secretary within 5 days of the Constitution. College Council works in the presence of at least two thirds of the number of members and adopt decisions by a majority of votes of the members present. College Council debates are not public.
  

(7 ^ 1) President meets, according to the law, the main function of authorising officer for appropriations.
(7 ^ 2) In the exercise of powers laid down by law, the College Council issues orders and decisions.
(7 ^ 3) In case of absence of more than halve from 3 consecutive meetings of one of the members of the College Council, the most simple of the College Council shall refer the matter without delay to Parliament, which shall, within 30 days of the referral, will initiate the replacement procedure. Replacement procedure follow paragraph. (2) to (6).

(8) of the Council and of the Council of the College may not participate agents or collaborators of the security organs, as defined in this law, the foreign intelligence services of other informative foreign and domestic structures and other organizations that have deployed and conducted activities that run counter to the rights and fundamental human freedoms. Furthermore, the disqualified persons who had convictions for common law offenses, even if they have been rehabilitated or amnistiate. During the period of their mandate, the members of the College Council may not be part of the political parties.
  

(9) the Council operates under a regulation drafted by the College Council within 30 days from the date of its establishment.
  

(10) The members of the Forum depending on the investment Council shall submit the following oath before Parliament: I swear to respect the Constitution and laws of the country, the rights and fundamental human freedoms, to meet with sportsmanship, honor and without any bias I duties as a member of the College Council.
I swear to keep secret information relating to national safety, both during the exercise of their mandate, and after its termination. So help me God!»
Religious formula of discharge will respect freedom of religious conviction.
— — — — — — — — — — — —-. (2), (3) and (5) of article 2. 8 amended point 12 of article 4. From the EMERGENCY ORDINANCE nr. 16 of 22 February 2006 published in MONITORUL OFICIAL nr. 182 of 27 February 2006.
Paragraphs 1 and 2. (7 ^ 1, 7 ^ 2 and 7 ^ 3) of art. 8 amended point 13 of article. From the EMERGENCY ORDINANCE nr. 16 of 22 February 2006 published in MONITORUL OFICIAL nr. 182 of 27 February 2006.
Paragraphs 1 and 2. (8), (9) and (10) of article 1. 8 amended point 14 of article. From the EMERGENCY ORDINANCE nr. 16 of 22 February 2006 published in MONITORUL OFICIAL nr. 182 of 27 February 2006.


Article 9 (1) where, at a later date the election of the College Council, it is found that one of its members do not fulfill the conditions laid down in this law, proceed to revoke the mandate and a new election. Verification of fulfillment of conditions is made, at the request of any person, the High Court of Cassation and justice.
  

(2) the revocation shall be ordered only for cases referred to in article 1. 8 para. (7 ^ 3) and (8). Revocarii's pronouncement is made by High Court of Cassation and justice, in full, with the judges citing 3rd parties. The decision rendered may be appealed with the appeal within 10 days of the pronouncement. The appeal shall judge in full 7 judges with the attendance of the parties. In both phases the High Court of Cassation and justice shall examine these cases expeditiously.
  

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Art. 9 amended by point 15 of article 2. From the EMERGENCY ORDINANCE nr. 16 of 22 February 2006 published in MONITORUL OFICIAL nr. 182 of 27 February 2006.


Article 10 the Council elaborates its own draft budget of income and expenditure, which they handed to the Government for inclusion in the budget of the State. — — — — — — — — — — — —- 10 was amended by paragraph 16 of article. From the EMERGENCY ORDINANCE nr. 16 of 22 February 2006 published in MONITORUL OFICIAL nr. 182 of 27 February 2006.


Article 11 (1) the Council shall be held at the national level and works in a unique structure.
  

(2) within 30 days after the date of entry into force of this law the General Bucharest City Council will ensure proper spaces for activity.
  


Article 12 for the realization of the right of access to his own file, GD; 1 is addressed to the Council by means of a written request. Within 30 days, the applicant will be informed of the steps carried out by the Council following its application.
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Art. 12 amended point 17 of article. From the EMERGENCY ORDINANCE nr. 16 of 22 February 2006 published in MONITORUL OFICIAL nr. 182 of 27 February 2006.


Article 13 (1) the persons entitled may require the Council, in accordance with the provisions of art. 1 (1). (1) under this law, the following:
  


inspection of the files of) or of any materials prepared by the date December 22, 1989 the Communist policy of police;
  

b) issue of copies of the recorded located in these folders or other materials;
  

c) issue of certificates concerning neapartenenta, appurtenance or collaborating with the police necolaborarea times Communist policy.
  

(2) there shall be issued copies of those documents in the dossier whose content can affect a major third party, than in the following circumstances: a) with the written consent of the person affected may be major or legal heirs;
  

(b) providing a copy that) does not contain the passages relating to a third party that may be affected.
  

— — — — — — — — — — — —-. (1) of article 1. 13 amended pct, article 18. From the EMERGENCY ORDINANCE nr. 16 of 22 February 2006 published in MONITORUL OFICIAL nr. 182 of 27 February 2006.


Article 14 (1) the content of such certificates issued under art. 13(2). (1) (a). c) can be challenged at College Council within 30 days of receipt.
  

(2) the notice of opposition will be resolved by the College Council within 60 days of registering.
  

(3) the decision may be appealed to the College Council, within 30 days after the communication to the Court of appeal in whose jurisdiction the opposing party is domiciled.
  


Article 15 (1) the right of access to information of public interest. 2 shall be exercised by a natural person or legal person entitled through a request addressed to the Council.
  

(2) by this request may ask for an act indicating whether it had or did not have the quality of agent times contributor to Communist political police, the people who handle the functions enumerated in article 10. 2. If the person had the status of an agent or collaborator of the Communist political police, the Act released will contain the information specified in article 10. 3 ^ 1 (1). 7. (3) Checks and can be triggered at the request of persons occupying functions under article 4. 2 for your own files.
  

(4) on the basis of applications received pursuant to paragraph 1. (1), the Council held, check samples irrespective of their form, and immediately notifies the person for the purpose of exercising the rights referred to in art. 3 ^ 1 (1). (4) and (5) the quality of agent or collaborator of the Communist political Police College is established by the Council in the samples contained in the security bodies and evidence, together with evidence such as written undertaking signed by the cause, notes and reports by-or copies handwritten, typewritten, informative summaries and other documents and evidence, holographic regardless of support would be.
  

(6) within 60 days after the date of receipt of the applications, the Council cites the purpose of the hearing, the person who has applied for, and the person in respect of whom have requested verification, according to the procedure laid down by regulation. Starting and completing the required verifications can be done legally and in the absence of the persons mentioned.
  

(7) upon completion of the checks, which may not last longer than 90 days from the date of receipt of the request, the Board shall transmit in writing to the applicant and the person checked if the person in respect of whom demanded verification was or was not an agent of the time collaborator of the Communist political police for the purposes of this Act. Where the person checked was agent or collaborator of the Communist political police, the College will comply with the provisions laid down in article 21. 3 ^ 1 (1). (7) (8) College Council shall decide ex officio at any time new evidence about the political police activity of a person that has been pronounced previously.
  

— — — — — — — — — — — —-. (2), (4), (5), (6) and (7) of article 22. 15 amended pct, article 19. From the EMERGENCY ORDINANCE nr. 16 of 22 February 2006 published in MONITORUL OFICIAL nr. 182 of 27 February 2006.
Paragraphs 1 and 2. (8) article. 15 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 16 of 22 February 2006 published in MONITORUL OFICIAL nr. 182 of 27 February 2006.


Article 16 (1) against the decision communicated in accordance with article 15 para. (7) the applicant or the person in respect of whom demanded verification of the Council may apply to the College through an opposition within a period of 15 days from the date of receipt of the decision. College Council reexamineaza documentation that was the basis of communication and, within 30 days from the date of filing of the opposition, adopt a decision which it shall communicate to the Commission within 15 days of both the applicant and the person with regard to whom checks were carried out, regardless of the author of the opposition. The College Council's decision may be appealed within 30 days from the date of communication to the Court of appeal, civil section, the jurisdiction of which the opposing party is domiciled.
  

(2) Court of appeal judge in secret proceedings in full 3 judges. The Prosecutor's participation is mandatory. The judgment is final and irrevocable. The acts and works dossiers are secret.
  

(3) for the purpose of adoption of the decision of the Council of College audiaza the person in respect of whom have asked for checks and use the documentation filed by it or the applicant. Initial documentation can be completed. The person to whom the checks are carried out shall have the right to consult the documents that formed the basis for communication challenged. Lack of legal person cited does not prevent the adoption of a decision.
  

— — — — — — — — — — — —-. (1) of article 1. 16 amended pct, article 21. From the EMERGENCY ORDINANCE nr. 16 of 22 February 2006 published in MONITORUL OFICIAL nr. 182 of 27 February 2006.


Article 16 ^ 1 (1) where persons under article 4. 13 and 15 consider information contained in the archives of the Council does not correspond to reality, they have the right to obtain from the Council, on the basis of supporting documents and free of charge: a) correction data are incomplete or inaccurate, by making a mention thereof to the said dossier;
  

(b) third party notification) to whom data have been disclosed of the operation carried out under (b). a). (2) where the Board does not respond or refuse to fulfil one of the operations referred to in paragraph 1. (1) the documents in its archives, persons may apply to the Court by a court in whose jurisdiction the electoral district, for the purpose of obligarii the Council fulfill the necessary operations and the compensation.
  

(3) the application of the judgment is exempt from stamp duty.
  

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Art. 16 ^ 1 was introduced by the pct, article 22. From the EMERGENCY ORDINANCE nr. 16 of 22 February 2006 published in MONITORUL OFICIAL nr. 182 of 27 February 2006.


Article 17 (1) the Council shall ensure publication in the Official Gazette of Romania, part III, of the decisions relating to persons checked ex officio, on the basis of art. 2(a) a)-f), final final by necontestare or decree of the Court of appeal, and shall communicate them to the mass media. College Council decisions will contain biodata, conspiratorial name, period of collaboration, as well as the facts qualified as the activity of a Communist political police.
  

(2) the Council shall publish in the Official Gazette of Romania, part III, the name including the name of agents, as well as conspiracy and qualified facts as political police activities within the meaning of this law. In the case of information officers who made the political police during the Communist regime, will be exercised, organs of Justice with regard to the infringement of legal provisions.
  

(3) the Council give publicity information and documents which attest to the involvement of security organs and other structures of political and repressive totalitarian Communist regime in fulfillment of some serious crime against life, physical integrity or liberty of persons and mental, as well as acts of betrayal of national interests.
  

(4) the provisions of paragraphs 1 and 2. (2) shall apply accordingly in respect of the persons referred to in art. 5 para. (4).
  

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Alin. (2) of article 9. 17 was amended by CORRECTION No. 187 of 7 December 1999, published in Official Gazette No. 619 December 17, 1999.
Paragraphs 1 and 2. (1), (2) and (4) of article 3. 17 amended pct, article 23. From the EMERGENCY ORDINANCE nr. 16 of 22 February 2006 published in MONITORUL OFICIAL nr. 182 of 27 February 2006.


Article 18 in the unsolved cases, deaths or disappearances of about which there are indications that occurred in connection with the security organs, the Council provides information on its own initiative or on the basis of a written request from the heirs of prezumtivi declared missing or successors of deceased ones.


Article 19 (1) for the purpose of establishing the historical truth, the Council provides researchers with accredited for this purpose by the College Council documents and information concerning the structure, methods and activities of the security organs, in accordance with the law and regulation to the Council.
  

(2) The documentation activity, researchers are required to comply with accredited and ocroteasca life, private and family of those who have been victimized by the Communist police policy.
  

(3) the Council will conduct scientific research, resulting in the publication of studies and documents, and will organize conferences and exhibitions with informative and educational.
  

(4) revenue from the activity of publishing studies and documents, as well as copying documents required by the entitled persons shall constitute revenue of the State budget.
  

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Art. 19 was amended by paragraph 24 of article. From the EMERGENCY ORDINANCE nr. 16 of 22 February 2006 published in MONITORUL OFICIAL nr. 182 of 27 February 2006.


Article 20 (1) the Council takes over management all documents relating to the exercise of the rights provided for in this law, as well as documents, folders, books, records, photo, video, audio, and computer data bases, including records of security officers cadre, identified with the political police activities during the Communist regime, according to the law, except those relating to national safety.
  

(2) the date of entry into force of this law until the time of take-over, the members of the College Council, and other officials empowered by access to these College Council in the archiving of the documents referred to in paragraph 1. (1), and any copies of it which, in this period, and is studying at the premises of the owners.
  

(3) service information, foreign intelligence service, the Ministry of administration and Interior, Ministry of Justice, the Ministry of National Defense, Ministry of Foreign Affairs, the national archives and any other public or private institutions as well as individuals who hold such documents, shall be bound, under penalty referred to in article 1. 24 para. (2) to ensure this right of access and teach them.
  

(4) pending the acquisition of the files of frames required if security officers identified with political police activity according to the law, at the request of their owners, institutions shall make available, within 14 days, identity data, including conspiracy, and name the functions of the Communist political police agents.
  

(5) the rights referred to in paragraph oblibaţiile. (1) to (3) also refers to the tools, i.e. travel, registers, indexes of informative network, approving the use of party members in security work, College-based inventory of archives, minutes of destruction or disappearance of files, regardless of their support, as well as audio and video recordings, floppy disks, hard disks, photographs, films and microfilms.
  

(6) the failure of the obligations under paragraph 1. (1) to (5), as appropriate, criminal liability, civil, administrative or disciplinary bodies, leaders of institutions and individuals concerned, as appropriate, in accordance with article 5. 24 para. (2) In this situation. members of the College Council had an obligation to refer the matter to Parliament and the public prosecutor's Office attached to the High Court of Cassation and justice.
  

(7) the establishment of dossiers in concrete and other materials relating to the safety of the national archives as provided for in paragraph 1. (1) and (5) shall be made by mutual agreement of the Joint Committee, comprised of members of the joint College Council, together with its institutions. In case of divergence, the decision will be adopted by the Supreme Council of Defense of the country.
  

(8) For the checks referred to in article 1. 2, folders and other materials, as determined as archives of national safety and not subject to the takeover, will be studied in the Joint Committee, respecting the joint law No. 182/2002 concerning the protection of classified information, and its subsequent amendments. Members of the College Council of the Joint Commission, which studied such records, can I request declassification request them, which will be resolved by a Commission made up of the President or Vice-President of the College Council, the Director or Deputy Director of the intelligence service of the owner of the files, the Chairman of the Parliamentary Commission, Presidential Adviser on national safety issues and the Prime Minister's Adviser on national safety issues. In case of divergence, the decision will be adopted by the Supreme Council of Defense of the country.
  

(9) in order to fulfill the duties incumbent on the Council can address the authorities and persons referred to in paragraph 1. (3) asking them information, documents or documents in connection with its field of activity. In case of refusal on their part, the Council may apply to the organs of Justice.
  

(10) the Council may use in order to fulfill its duties and other sources, as well as foreign archives or testimonials of some foreign nationals.
  

— — — — — — — — — — — —-. (1) of article 1. 20 amended by CORRECTION No. 187 of 7 December 1999, published in Official Gazette No. 619 December 17, 1999.
Paragraphs 1 and 2. (2) of article 9. 20 amended by CORRECTION No. 187 of 7 December 1999, published in Official Gazette No. 619 December 17, 1999.
Paragraphs 1 and 2. (3) art. 20 amended by CORRECTION No. 187 of 7 December 1999, published in Official Gazette No. 619 December 17, 1999.
Paragraphs 1 and 2. (6) article. 20 amended by CORRECTION No. 187 of 7 December 1999, published in Official Gazette No. 619 December 17, 1999.
Art. 20 amended pct, article 25. From the EMERGENCY ORDINANCE nr. 16 of 22 February 2006 published in MONITORUL OFICIAL nr. 182 of 27 February 2006.


Article 21 Council Headquarters, and the headquarters of its own archives benefit from permanent guard free of charge, provided by the gendarmerie command troops.


Article 22 the Council carries out its activity over a period of 6 years, with the possibility of an extension thereto by law.
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Art. 22 amended by CORRECTION No. 187 of 7 December 1999, published in Official Gazette No. 619 December 17, 1999.


Article 22 (1) ^ 1 during the activity, the Council fulfills any powers given under its jurisdiction under this Act, and by any other law.
  

(2) the Council shall exercise the powers laid down by law No. 303/2004 on the status of judges and prosecutors, republished, namely law No. 317/2004 on the Superior Council of Magistracy, republished, regarding judges and prosecutors regarding membership or collaboration with the intelligence services before 1990.
  

(3) prior to appointment in positions of leadership, Board and shall, within 15 days of the request of the Superior Council of Magistracy, or affiliation of judges and prosecutors with intelligence services before 1990.
  

(4) for the purposes of this article, persons who was part of the intelligence services before 1990 or collaborated with them means to) any person who has had the quality task force, including colleague covered in information services before 1990;
  

b) anyone who collaborated with the intelligence services before 1990 and that it was found in one of the following situations: (i) has provided, transmitted or enabled the transmission of information by the intelligence services;
() was a resident of intelligence;
(iii) was remunerated or otherwise rewarded for the work done in this quality;
(iv) was holder of the dwelling or House underground venue.

(5) the membership or collaboration with the intelligence services before 1990, for the purposes of this article, shall be established by the Council on the basis of the book of job, written and signed by the cause, notes, reports, summaries, handwritten petitions and other evidence, regardless of the medium you would learn, from the evidence, as well as security and any documents submitted by any person in case of lack, alteration or descompletarii file.
  

(6) the information contained in the statements given during the investigation for political reasons by a person regarding the cause for which he was sentenced, or explored the judgment did not come within the scope of this article.
  

(7) the provisions of art. 15 and 16 shall apply accordingly.
  

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Art. 22 ^ 1 has been introduced by point 26 of article. From the EMERGENCY ORDINANCE nr. 16 of 22 February 2006 published in MONITORUL OFICIAL nr. 182 of 27 February 2006.


Article 23 (1) The termination of the Council archives and documentary Fund established under this law shall be the national archives for preservation.
  

(2) it is also transferring the national archives premises and facilities.
  


Article 24 (1) failure to comply with the provisions of this law by persons other than those referred to in article 1. 20 also attract criminal liability, civil, administrative or disciplinary, as appropriate.
  

(2) Evading, concealment, falsification, counterfeiting, damage or destruction of the files, records and any other documents of security are punishable according to the criminal law, the maximum penalty thus increasing their holding-is 2 years.
  

(3) the issue of certificates, documents, or copies of these files or information about them, under conditions other than those laid down in this law shall constitute an offense and shall be punished with imprisonment from 6 months to 5 years.
  

(4) advertising toward data or inadequate information in the dossiers, truth, nature, life, morals or dignity, honor or reputation of a person constitutes a crime and is punished with imprisonment from 3 months to 3 years.
  

(5) Presentation of the data in the dossier misrepresented the security in order to discreditarii or nedeconspirarii, constitute a crime and is punished with imprisonment from 6 months to 5 years and the prohibition of the right to work in the field of archives.
  


Article 25


Service information, foreign intelligence service, the Ministry of National Defense, the Ministry of administration and Interior, Ministry of Justice and the Public Ministry have the obligation to make available legal committees of the Chamber of Deputies and the Senate requested material relating to the College Council candidates, person constituted under the provisions of art. 8.
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Art. 25 amended point 27 of article 4. From the EMERGENCY ORDINANCE nr. 16 of 22 February 2006 published in MONITORUL OFICIAL nr. 182 of 27 February 2006.


Article 26 no other legal provision relating to the documents cannot be construed so as to prevent the application of provisions of this law.
This law was adopted by the Chamber of Deputies and Senate in session from 20 October 1999, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, VASILE LUPU, PRESIDENT of the Senate, pp. ULM NICHOLAS SADR-Annex-— — — — — — — — annex II was introduced by the pct, article 28. From the EMERGENCY ORDINANCE nr. 16 of 22 February 2006 published in MONITORUL OFICIAL nr. 182 of 27 February 2006.
DECLARATION on HONOUR relating to agent appurtenance or neapartenenta as times contributor to Communist political police, the undersigned/Jamie/(name and surname of the Act all identity and any previous names), Romanian citizen, son/daughter/(first name and surname of the father), and/(first name and surname of the mother), born/born/(day, month, year) in (place of birth: locality/County), domiciled in./domiciliata /(place of residence from the identity card), legitimized/legitimate and. .. /(type, series and number of the identity document), knowing the provisions of art. 292 of the penal code with regard to false statements, after taking the knowledge content of law No.
    188/1999 on access to your files and unveiling of the Communist political police, as amended, hereby declares, under his own responsibility, that the former staff member or contributor) of the political police, within the meaning of art. 5 para. (1) to (4) of the Act.
    I also got knowledge about the provisions of art. 3 ^ 1 (1). (6) of the Act, according to which: "the persons submitting the Declaration on honour shall be exempt from the obligation to ensure the protection of the information State secrets or intelligence service".
_ _ _ _ _ _ _ _ _ *) is part of the signer, the "I" or "we", as appropriate.
               .. ..
                (Date) (Signature) — — — — — — — —