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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

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LEGE no. 187 187 of 7 December 1999 (* updated *) on access to its own file and the unravelling of the communist political police * *) ((updated until 22 March 2006 *)
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---------------- *) The initial text was published in the OFFICIAL GAZETTE no. 603 603 of 9 December 1999. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. Piatra Neamt until March 22, 2006 with the amendments and additions made by: RECTIFICATION no. 187 187 of 7 December 1999 ; EMERGENCY ORDINANCE no. 16 16 of 22 February 2006 ; RECTIFICATION no. 16 16 of 22 February 2006 . ---------------- **) The title of the Law was amended by item 1 1 of art. I of EMERGENCY ORDINANCE no. 16 16 of 22 February 2006 published in MONITORUL OFFICIAL no. 182 182 of 27 February 2006. The Romanian Parliament adopts this law In the period of the communist dictatorship, between March 6, 1945-December 22, 1989, the Romanian Communist Party exercised, especially through the state security bodies, part of the political police, a permanent terror against the citizens of the country, their fundamental rights and freedoms. It entitles access to its own file and the unraveling of the communist political police, under the present law. ------------- Preamble The law was amended by RECTIFICATION no. 187 187 of 7 December 1999 published in MONITORUL OFFICIAL no. 619 619 of 17 December 1999. The Preamble of the Law has been amended by section 2 2 of art. I of EMERGENCY ORDINANCE no. 16 16 of 22 February 2006 published in MONITORUL OFFICIAL no. 182 182 of 27 February 2006. + Article 1 (1) Any Romanian citizen or foreign national who after 1945 had Romanian citizenship, as well as any citizen of a member country of the North Atlantic Treaty Organization have the right of access to their own file drawn up by the communist political police, as well as other documents and information concerning their own person, in accordance with the provisions of the law on the protection of information concerning national security. The same right also benefits any citizen of a member state of the European Union, starting with the date of Romania's integration into the European Union, in accordance with the provisions of the law on protecting information concerning national security. This right is exercised on request and consists in the direct study of the file, the release of copies from the documents of the file and other documents concerning its own person. ((1 ^ 1) Access concerns all types of information collected by the political police during the communist regime, regardless of their support, such as paper, microfilm, disk, tape audio or video. ((2) At the same time the person, subject of a file showing that he was followed by the state security bodies, has the right, on request, to find out the identity of the agents and collaborators who contributed information to the completion of this file, only if they can be established with certainty. (3) The rights provided in par. ((1) and (2) benefit the surviving spouse and relatives up to the fourth degree including the deceased person, unless otherwise ordered. (4) Exercise of the rights provided in par. ((1)-(3) shall be made personally or by representative with special and authentic power of attorney. ------------- Alin. ((1) of art. 1 1 has been amended by section 3 3 of art. I of EMERGENCY ORDINANCE no. 16 16 of 22 February 2006 published in MONITORUL OFFICIAL no. 182 182 of 27 February 2006. Alin. ((1 ^ 1) of art. 1 1 was introduced by section 4.2. 4 4 of art. I of EMERGENCY ORDINANCE no. 16 16 of 22 February 2006 published in MONITORUL OFFICIAL no. 182 182 of 27 February 2006. Alin. ((2) and (3) of art. 1 1 have been amended by section 5 5 of art. I of EMERGENCY ORDINANCE no. 16 16 of 22 February 2006 published in MONITORUL OFFICIAL no. 182 182 of 27 February 2006. + Article 2 To ensure the right of access to information, any Romanian citizen, residing in the country or abroad, as well as written and audiovisual media, political parties, legally constituted non-governmental organizations, authorities and institutions the public have the right to be informed, upon request, about the status of agent or collaborator of the political police of the candidates for the presidential elections, as well as of the persons occupying the following dignities or functions: a) President of Romania; b) deputy or senator; c) member of the Government, Secretary of State, Undersecretary of State, Secretary-General, Deputy Secretary-General of the Government and of Ministries, Director in Ministry and assimilated of these functions; d) the secretaries-general and the deputy secretaries-general of the Houses of Parliament, the directors of the departments of the two Chambers, the presidential and state councillors; e) prefect, sub-prefect, director in the prefecture, general secretary of the county council and the General Council of the Municipality of Bucharest, mayor, deputy mayor, county councillor, counselor in the General Council of Bucharest, counselor local, heads of public services devolved in counties; f) the director and his deputies, the heads of the county structures of the Romanian Intelligence Service, the director and his deputies from the Foreign Intelligence Service, the Protection and Guard Service, the Special Telecommunications Service and the Directorate General Information and Internal Protection, within the Ministry of Administration and Interior; g) inspector general of the police, deputy inspector general, general manager, director, head of office and head of office at central and county level, as well as other officers and non-commissioned officers of the Ministry of Administration and Interior; h) persons with management positions, at national and county level, in the Financial Guard and in the customs bodies; i) judges and magistrates-assistants of the High Court of Cassation and Justice and of the Constitutional Court, prosecutors of the Prosecutor's Office of the High Court of Cassation and Justice, as well as of the National Anti-Corruption Department, judges, prosecutors and first-clerks from civil and military courts and prosecutors, lawyers and public notaries; i) diplomatic and consular staff; j) the President, the Vice-Presidents, the Judges, the Accounts Advisors, the Financial Prosecutors and the First Registrar of the Court of Auditors k) president and section president at the Legislative Council, members of the Legislative Council, persons with management positions from the Authority for the Valorisation of State Assets and from the National Agency of Public Servants, Presidents and the members of the Competition Council, of the National Securities Commission, of the National Institute of Statistics and of the National Agency for Cadastre and Real Estate Advertising; l) the ombudsman and his deputies; m) member of the National Audiovisual Council; n) member of the boards of public radio and television companies, shareholder, administrator, director, editor-in-chief, editor in public services or private television, radio or written press, political analysts and their assimilations, as appropriate; o) Governor of the National Bank of Romania, chairman, deputy chairman of the bank and board members of the banking sector; p) member, corresponding member, honorary member or secretary of the Romanian Academy; r) rector, vice-rectors, scientific secretary of the university senate, deans, vice-deans, scientific secretaries of faculty and heads of department of state and private higher education institutions; s) inspector general or deputy, specialized inspector of the county school inspectorate, high school principal or school group, as well as director in cultural institutions, at national, county, municipal and local level; s) president, vice-president, general secretary and other members of the statutory governing bodies of political parties, at national, county and local level, or of a non-governmental organization and assimilations of these functions; t) military and civilian personnel with management positions from the Ministry of National Defence and from the major states of the army's categories of forces, according to the nomenches of functions, as well as the commanders of units or equivalents; t,) hierarchies and heads of religious cults recognized by the law, up to the level of priest including, as well as their assimilations from parishes in the country and abroad; u) president, vice-president and general secretary of representative employers ' and trade union organizations at national level and assimilations of these functions, as well as the other members of the respective executive heads; v) director of the department of post and telecommunications, heads of mail and telecommunications service, heads of telephone switchboard; x) persons with management function from the county health departments, from the county public health departments and the city of Bucharest, from the Romanian College of Physicians, from the health insurance companies, the hospital directors, as well as psychiatrists, anatomo-pathologists and coroners; y) persons with management positions, including board member in autonomous kings, national companies and commercial companies having as their object activities of public or strategic interest, as well as members of the foundation management, associations and subsidiaries operating on the territory of Romania, including their founders; z) persons holding the title of revolutionary or fighter with special merits in the Revolution of December 1989. ------------- The introductory part and lit. e), f), g), i), k), n), r), s), s) and t) of art. 2 2 have been amended by section 6 6 of art. I of EMERGENCY ORDINANCE no. 16 16 of 22 February 2006 published in MONITORUL OFFICIAL no. 182 182 of 27 February 2006. + Article 3 (1) The persons running for the office of President of Romania are obliged to make a genuine declaration, on their own responsibility, on belonging or non-belonging as an agent or collaborator of the communist political police. Self-declarations shall be submitted to the Central Electoral Office, which, within 24 hours of registration, shall submit them to the National Council for the Study of Security Archives. (2) In this case, the verification shall be made ex officio, and the decision will be published in the Official Gazette of Romania, Part III, and communicated to the press no later than 7 days before the election date. (3) The decision may be appealed to the High Court of Cassation and Justice within 24 hours of publication. The appeal is resolved as a matter of priority, within 48 hours of referral. The decision is published in the Official Gazette of Romania, Part I. ------------- Article 3 has been amended by section 3. 7 7 of art. I of EMERGENCY ORDINANCE no. 16 16 of 22 February 2006 published in MONITORUL OFFICIAL no. 182 182 of 27 February 2006. + Article 3 ^ 1 (1) Persons who have been elected or appointed in one of the dignities or functions provided in art. 2 are obliged to make a declaration on their own responsibility * *), according to the model set out in the annex that is an integral part of this law, on belonging or non-belonging as an agent or collaborator of the communist political police The verification shall be made ex officio for persons who have been elected or appointed to the dignities or in the functions provided in art. 2 lit. a)-f), including those in the exercise of those dignities or functions on the date of entry into force of the Government Emergency Ordinance no. 16/2006 . (2) The declaration provided in par. ((1) shall be submitted, in closed envelope, to the head of the institution who appoints or to the institution validating the choice, as follows *): a) the deputies and senators, as well as the general secretaries and deputy general secretaries of the Houses of Parliament, the directors of the departments of the two Chambers-to the President of the Chamber of Deputies and of the b) members of the Government, Secretaries of State, Undersecretaries of State, Secretary-General, Deputy Secretaries-General of Government and Ministries, State and Personal Counselors of the Prime Minister, prefects and sub-prefects, Directors-General and the directors of the Prime Minister's Chancellery, the General Secretariat of the Government, as well as those from ministries and assimilations of these functions-to the Prime Minister; c) presidential and state councillors from the Presidential Administration-to the President of Romania; d) director in the prefecture, heads of public services devolved in counties-to the prefect; e) county councillor, counselor in the General Council of Bucharest, general secretary of the county council and the General Council of Bucharest-at the president of the county council, namely the general mayor of Bucharest Bucharest Municipality; f) mayor, deputy mayor, municipal and local councillor-mayor; g) the director and his deputies, the heads of the county structures of the Romanian Intelligence Service, the director and his deputies from the Foreign Intelligence Service, the Protection and Guard Service, the Special Telecommunications Service, the Directorate General Information and Internal Protection, within the Ministry of Administration and Interior-to the head of the institution to which they belong. (3) The authorities to which the statements are submitted are obliged to send to the National Council for the Study of Security Archives, within 30 days from the date of election or appointment, the list of persons who perform the functions provided to art. 2 lit. a)-f), accompanied by closed envelopes containing the declarations on their own responsibility. The list shall include the following data: a) the surname and surname, including any previous names, and the date and place of birth; b) the name and surname of the father, the name and surname c) the place of work and the position it occupies; d) domicile in the identity document. ((. Checks shall be terminated if the person exercising one of the dignities or functions listed in art. 2 resign within 15 days from the date of communication of these checks. The verification of presidential candidates, in the emergency procedure, is stopped if the person who has identified political police elements withdraws his candidacy within 24 hours from the date of its hearing by the College. National Council for the Study of Security Archives. ((5) Checks shall be made in the order established in art. 2, respecting the procedures provided for in art. 15. The persons chosen or appointed in dignity or positions at national level shall be checked with priority. (6) Persons who submit the declaration on their own responsibility are exempt from the obligation to ensure the protection of state secret information or service secrets, in the hearings by the College of the National Council for the Study of Archives Security. (7) Decisions of the College of the National Council for the Study of Security Archives, remaining final, containing names, surnames, conspiratorial names, where there is, the period of collaboration, as well as the facts qualified as activities of a character of Political police, will be published urgently in the Official Gazette of Romania, Part III, and will be made available to the media. (8) If the National Council for the Study of Security Archives finds a discrepancy between the affidavit on belonging as an agent or collaborator of the communist political police and the result of the verification, published in the form of the final decision in the Official Gazette of Romania, Part III, notifies the Prosecutor's Office of the High Court of Cassation and Justice and notifies the bodies provided in par. ((2). (9) The final conviction for committing the crime of false statements attracts the loss of dignity or public office in which he was elected or appointed, according to the legislation in force. In the case of members of the Romanian Parliament, the investigation of the crime is done by the Prosecutor's Office of the High Court of Cassation and Justice, and the competent court is the High Court of Cassation and Justice, which judges these cases in the Emergency. The final sentence shall be communicated, within 24 hours of its delivery, to the President of the Chamber to which the parliamentarian belongs. The President of that Chamber shall enter the agenda with priority on the agenda. ------------- Article 3 ^ 1 was introduced by item 1. 8 8 of art. I of EMERGENCY ORDINANCE no. 16 16 of 22 February 2006 published in MONITORUL OFFICIAL no. 182 182 of 27 February 2006. * *) art. II of EMERGENCY ORDINANCE no. 16 16 of 22 February 2006 published in MONITORUL OFFICIAL no. 182 182 of 27 February 2006: " The authorities to which the declarations are submitted art. 3 ^ 1 para. ((2) of Law no. 187/1999 are obliged to send to the National Council for the Study of Security Archives, within 30 days from the entry into force of this emergency ordinance, the list of persons who perform the functions provided in art. 2 lit. a)-f) of the said law, accompanied by closed envelopes containing the declarations on their own responsibility. The list shall include the following data: a) the surname and surname, including any previous names, and the date and place of birth; b) the name and surname of the father, the name and surname c) the place of work and the position it occupies; d) domicile in the identity document. " ** **) Alin. ((1) art. 3 ^ 1 was amended by RECTIFICATION no. 16 16 of 22 February 2006 , published in MONITORUL OFFICIAL no. 256 256 of 22 March 2006. + Article 4 Repealed. ------------- Article 4 has been repealed by point (a). 9 9 of art. I of EMERGENCY ORDINANCE no. 16 16 of 22 February 2006 published in MONITORUL OFFICIAL no. 182 182 of 27 February 2006. + Article 5 (1) Political police shall mean all those activities of the security of the state or other structures and institutions of a repressive nature, which concerned the establishment and maintenance of the communist totalitarian power, as well as suppression or restriction human rights and fundamental freedoms. (2) He is an agent of the communist political police any person who, having the status of operative worker of security or militia bodies, including covered officer, from 1945-1989, carried out political police activities in the sense this law. (3) He is a collaborator of the communist political police, for the purposes of this law, the person who provided or facilitated the transmission of information, regardless of what form, such as written notes and reports, verbal accounts recorded by the workers operativi, denouncing the activities or attitudes against the totalitarian communist regime, such as to prejudice the fundamental rights and freedoms of man. Information contained in the statements, minutes of questioning or confrontation, data during the investigation and trial, in a state of freedom, detention or arrest by the person questioned for political reasons concerning the case for which was either investigated or tried and convicted, are not subject to this provision. (4) They are assimilated to the collaborators provided in par. (3) persons who, having decision-making, legal or political powers, have taken decisions, at central or local level, on political police activities of state security or on the activity of other repression structures of the the totalitarian communist regime. (5) The involvement in the activity of communist political police of persons referred to in art. 2 is established by the College of the National Council for the Study of Security Archives on the basis of data, evidence and clues existing in the files subject to research, as well as by any documents presented by any person interested in lack, alteration or decompleteness of the file. ------------- Alin. ((2) art. 5 5 was amended by RECTIFICATION no. 187 187 of 7 December 1999 published in MONITORUL OFFICIAL no. 619 619 of 17 December 1999. Article 5 has been amended by section 6.6. 10 10 of art. I of EMERGENCY ORDINANCE no. 16 16 of 22 February 2006 published in MONITORUL OFFICIAL no. 182 182 of 27 February 2006. + Article 6 Provisions art. 45 45 para. 2 2 of Law no. 14/1992 on the organization and functioning of the Romanian Intelligence Service, as well as art. 20 20 para. 2 2 and art. 22 22 with reference to Annex no. 6 6 of National Archives Law no. 16/1996 are not applicable to the files referred to in art. 1 1 and the data requested pursuant to art. 2 of this law, which cannot be considered as concern the national security of Romania. + Article 7 (1) For the application of the provisions of this Law, the National Council for the Study of Security Archives, based in Bucharest, hereinafter referred to as the Council, is established. (2) The Council is an autonomous body with legal personality, subject to Parliament's control. Annually or at the request of Parliament, the Council shall report ------------- Article 7 has been amended by section 6.6. 11 11 of art. I of EMERGENCY ORDINANCE no. 16 16 of 22 February 2006 published in MONITORUL OFFICIAL no. 182 182 of 27 February 2006. + Article 8 (1) The Council is headed by a college composed of 11 members. (2) The members of the Council College are appointed by the Parliament, as follows: a representative proposed by the President of Romania, a representative proposed by the Prime Minister, 9 members, at the proposal of the parliamentary groups, according to the political configuration of the two Chambers, on the basis of the joint report, prepared by the legal committees of the Chamber of Deputies and the Senate in a joint meeting, for a term of The mandate may be renewed once, in compliance with the appointment procedures provided for by law. (3) The nominal proposals for the Council College shall be submitted to the permanent offices of the Chamber of Deputies and to the Senate by the Presidential Administration, the Prime Minister's Chancellery and the leaders of the parliamentary groups, within the limits established according to para. ((1) and (2), no later than 10 calendar days from the date of entry into force of this Law, which shall send them to the legal committees. The proposals will be accompanied by: curriculum vitae, the faithful copies on the sheets containing the criminal history, the statements on their own responsibility of the candidates, in the sense that they do not fall within the provisions of art. 5 5 para. ((2)-(4), respectively that they did not belong and did not collaborate with the security bodies. (4) The legal committees of the Chamber of Deputies and the Senate will hear in the joint meeting and will verify the fulfilment of the conditions imposed on the candidates by this law; the applications will be individually endorsed. The joint report comprising the outcome of the hearings shall be submitted to the Standing Offices of the two Chambers within 10 calendar days from the receipt of the lists comprising the candidates. ((5) Candidates who do not meet the conditions provided for in this Law will be replaced, at the request of the legal committees of the two Chambers, as the case may be, by the President, Prime Minister or the parliamentary groups that proposed it. The new proposals are submitted within 5 days from the communication made by the permanent offices of the two Chambers, as the case may be, to the President, the Prime Minister or the parliamentary groups that proposed it. The remaining vacant seats following the non-submission of proposals by candidates within the 5-day period shall be redistributed between the parliamentary groups, according to the configuration provided in par. ((2). (6) The Chamber of Deputies and the Senate, meeting in joint session, on the basis of the joint report of the legal committees, shall vote on the list of candidates for the College of the Council, no later than 10 calendar days from the date of submission. the report of legal committees. Voting shall be expressed by roll call. (7) The College of the Council shall elect from its members a Chairperson, a Vice-Chair and a Secretary within 5 days of its constitution. The Council College shall work in the presence of at least two thirds of the members and shall adopt decisions by a majority of the votes Council College debates are not public. (7 ^ 1) The President shall perform, according to the law, the position of principal authorising officer. (7 ^ 2) In the exercise of the duties established by law, the College of the Council shall issue orders (7 ^ 3) In the case of unmotivated absence at more than 3 consecutive sessions of one of the members of the Council College, the simple majority of the Council College will immediately refer the matter to Parliament, which, within 30 days of the referral, will initiate the procedure for replacing it. The replacement procedure follows the provisions of para. ((2)-(6). (8) The Council and the College of the Council may not include agents or collaborators of the security bodies, as defined in this Law, those of other foreign secret services, of other internal and foreign informative structures and of other organizations that have carried out and carry out activities that run counter to human rights and fundamental freedoms. Also, people who have suffered convictions for common law offences cannot be part, even if they were amnesty or rehabilitated. During the term of office, members of the Council College cannot be part of political parties. (9) The Council shall operate under a Regulation drawn up by the College of the Council within 30 days of its establishment. (10) The members of the College of the Council shall take the following oath before the Parliament: " I swear to respect the Constitution and the laws of the country, the fundamental rights and freedoms of man, to fulfill with conscientiousness, honor and without bias my duties as a member of the Council College. I swear to keep the secret of information that concerns national security, both during the exercise of the mandate and after its termination. So help me God! " The concluding religious formula will respect the freedom of religious beliefs. ------------- Alin. ((2), (3) and (5) of art. 8 8 have been amended by section 12 12 of art. I of EMERGENCY ORDINANCE no. 16 16 of 22 February 2006 published in MONITORUL OFFICIAL no. 182 182 of 27 February 2006. Alin. (7 ^ 1), (7 ^ 2) and (7 ^ 3) of art. 8 8 have been amended by section 13 13 of art. I of EMERGENCY ORDINANCE no. 16 16 of 22 February 2006 published in MONITORUL OFFICIAL no. 182 182 of 27 February 2006. Alin. ((8), (9) and (10) of art. 8 8 have been amended by section 14 14 of art. I of EMERGENCY ORDINANCE no. 16 16 of 22 February 2006 published in MONITORUL OFFICIAL no. 182 182 of 27 February 2006. + Article 9 (1) If, after the election of the College of the Council, it is found that one of its members does not meet the conditions laid down in this Law, the term of office and a new election shall be revoked. Verification of the fulfilment of the conditions is made, at the request of any person, by the High Court of Cassation (2) Revocation shall be ordered only for the cases provided for in art. 8 8 para. ((7 ^ 3) and (8). The revocation is made by the High Court of Cassation and Justice, in complete by 3 judges, with the summoning of the parties. The decision rendered may be appealed within 10 days of the ruling. The appeal is judged in full by 7 judges, with the citation of the parties. In both phases the High Court of Cassation and Justice resolves these cases expeditiously. ------------- Article 9 has been amended by section 6.6. 15 15 of art. I of EMERGENCY ORDINANCE no. 16 16 of 22 February 2006 published in MONITORUL OFFICIAL no. 182 182 of 27 February 2006. + Article 10 The Council shall draw up its draft budget of revenue and expenditure, which it shall submit to the Government for its inclusion in the state budget. ------------- Article 10 has been amended by section 10. 16 16 of art. I of EMERGENCY ORDINANCE no. 16 16 of 22 February 2006 published in MONITORUL OFFICIAL no. 182 182 of 27 February 2006. + Article 11 (1) The Council is organised at national level and operates in a single structure. (2) Within 30 days from the date of entry into force of this law, the General Council of the Municipality of Bucharest shall ensure the appropriate spaces for the performance of the Council's activity + Article 12 For the realization of the right of access to your own file, the person entitled according to 1 shall be addressed to the Council by a written request. Within 30 days, the petitioner will be informed of the steps that the Council is carrying out following its request. ------------- Article 12 has been amended by section 4.2. 17 17 of art. I of EMERGENCY ORDINANCE no. 16 16 of 22 February 2006 published in MONITORUL OFFICIAL no. 182 182 of 27 February 2006. + Article 13 (1) The entitled persons may request the Council, in accordance with the provisions of art. 1 1 para. (1), under the present law, the following: a) consultation of files or any materials prepared by December 22, 1989 by the communist political police; b) the release of copies from the documents in these cases or other materials; c) the issuance of certificates on belonging or non-belonging, collaboration or non-cooperation with the communist political police. (. Children shall not be released from those documents of the file, the content of which may affect a third person, except under the following conditions: a) with the written consent of the person who may be affected major or of legal heirs; b) providing a copy which does not contain the passages relating to a third party which may be affected by major damage ------------- Alin. ((1) of art. 13 13 has been amended by section 18 18 of art. I of EMERGENCY ORDINANCE no. 16 16 of 22 February 2006 published in MONITORUL OFFICIAL no. 182 182 of 27 February 2006. + Article 14 (1) The content of certificates issued according to art. 13 13 para. ((1) lit. c) may be challenged at the Council College within 30 days of the communication. (2) The appeal will be settled by the College of the Council within 60 days of registration. (3) The decision of the College of the Council may be appealed, within 30 days of the communication, to the court of appeal in the jurisdiction of which the objector is domiciled. + Article 15 (1) The right of access to the information of public interest provided in art. 2 shall be exercised by the natural person or legal person entitled, by a request to the Council. (2) By this request you can request the issuance of an act showing whether or not he had the status of agent or collaborator of the communist political police, regarding the persons occupying the functions listed in art. 2. If the person had the status of agent or collaborator of the communist political police, the issued act will contain the information specified in art. 3 ^ 1 para. ((7). ((3) The checks may also be triggered at the request of the persons occupying the functions provided in art. 2, for your own file. (4) Based on the requests received according to par. (1), the Council shall verify the evidence held, regardless of their form, and shall immediately notify the person for the exercise of the rights provided for in art. 3 ^ 1 para. ((4). (5) The quality of agent or collaborator of the communist political police shall be established by the College of the Council through the evidence in the records of the security bodies, in conjunction with the evidence such as: the written and signed commitment of the one concerned, notes and written reports-original or in copy, handwritten or typed handwritten, informative summaries, other handwritten documents and evidence, regardless of the support they would be on. ((6) Within 60 days from the date of receipt of the requests the Council shall, for the hearing, quote the person who requested, as well as the person on whom checks have been requested, according to the procedure laid down by the Regulation. Triggering and completing the requested checks can also be done in the absence of legal persons cited. (7) After the completion of the checks, which may not take more than 90 days from the date of receipt of the application, the Council shall transmit in writing to the applicant and to the verified person whether the person on whom the verification was requested was or was not an agent or collaborator of the communist political police for the purposes of this law If the verified person was an agent or collaborator of the communist political police, the decision of the College will comply with the provisions set out in art. 3 ^ 1 para. ((7). (8) The College of the Council shall act ex officio whenever new evidence arises as to the political police activity of a person on whom he has previously spoken. ------------- Alin. ((2), (4), (5), (6) and (7) of art. 15 15 have been amended by section 19 19 of art. I of EMERGENCY ORDINANCE no. 16 16 of 22 February 2006 published in MONITORUL OFFICIAL no. 182 182 of 27 February 2006. Alin. ((8) of art. 15 15 was introduced by section 4.2. 20 20 of art. I of EMERGENCY ORDINANCE no. 16 16 of 22 February 2006 published in MONITORUL OFFICIAL no. 182 182 of 27 February 2006. + Article 16 (1) Against the decision communicated according to art. 15 15 para. (7) the applicant or the person in respect of whom the verification has been requested can be addressed to the College of the Council by an appeal within 15 days of the date of receipt of the decision. The College of the Council shall review the documentation which was the basis of the communication and, within 30 days from the date of submission of the appeal, adopt a decision which shall be communicated within 15 days to both the applicant and the person with regard to which checks have been carried out, regardless of the author of the appeal. The decision of the Council College can be appealed within 30 days from the date of communication to the court of appeal, the civil section, in the jurisdiction of which the objector is domiciled. (2) The Court of Appeal judges in the secret meeting in full of 3 judges. The prosecutor's participation is mandatory The judgment is final and irrevocable. The documents and works of the files have secret regime. (3) In order to adopt the decision, the College of the Council shall hear the person on whom checks have been requested and shall use the documentation submitted by it or the applicant. The initial documentation may be completed. The person to whom checks are carried out has the right to consult the documents that were the basis of the contested communication. The lack of legal person cited does not prevent a decision. ------------- Alin. ((1) of art. 16 16 has been amended by section 21 21 of art. I of EMERGENCY ORDINANCE no. 16 16 of 22 February 2006 published in MONITORUL OFFICIAL no. 182 182 of 27 February 2006. + Article 16 ^ 1 (1) If the persons referred to in art. 13 13 and 15 consider that the information contained in the Council's archives 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) rectification of incomplete or inaccurate data, by making an indication of it on that file; b) notification to third parties to whom the data of the operation carried out according to lit. a). ((2) If the Council does not respond or refuses to meet one of the operations referred to in par. (1) in the documents in its archives, persons can apply to the court in whose constituency they reside, in order to oblige the Council to carry out the necessary operations, as well as to provide compensation. (3) The application for appeal shall be exempt from stamp duty. ------------- Article 16 ^ 1 was introduced by item 1. 22 22 of art. I of EMERGENCY ORDINANCE no. 16 16 of 22 February 2006 published in MONITORUL OFFICIAL no. 182 182 of 27 February 2006. + Article 17 (1) The Council shall ensure the publication in the Official Gazette of Romania, Part III, of decisions relating to persons checked ex officio, based on art. 2 lit. a)-f), left final by non-testing or remaining final by decision of the appellate court, and shall communicate them to the media. The decisions of the Council College will contain the identity data, the conspiratorial names, the period of collaboration, as well as the facts qualified as communist political police activities. (2) The public council in the Official Gazette of Romania, Part III, the names of the agents, including the conspiratorial names, the functions, as well as the facts qualified as political police activities within the meaning of this law. In the case of intelligence officers who made political police during the communist regime, the justice bodies will be notified of the violation of the legal provisions. (3) The Council shall release the information and documents certifying the involvement of the security bodies and other political and repressive structures of the totalitarian communist regime in committing serious crimes against life, physical integrity or mental and freedom of persons, as well as acts of betrayal of national interests. (4) The provisions of par. ((2) are also properly applicable with regard to the persons referred to in art. 5 5 para. ((4). ------------- Alin. ((2) art. 17 17 was amended by RECTIFICATION no. 187 187 of 7 December 1999 published in MONITORUL OFFICIAL no. 619 619 of 17 December 1999. Alin. ((1), (2) and (4) of art. 17 17 have been amended by section 23 23 of art. I of EMERGENCY ORDINANCE no. 16 16 of 22 February 2006 published in MONITORUL OFFICIAL no. 182 182 of 27 February 2006. + Article 18 In the cases not elucidated, the deaths or the disappearances about which there are indications that they occurred in connection with the work of the security bodies, the Council provides information on its own initiative or on the basis of a written request from the heirs presumptive of those declared missing or the successors of the deceased. + Article 19 (1) For the purpose of establishing historical truth, the Council shall make available to researchers accredited in this regard by the College of the Council documents and complete information on the structure, methods and activities of the security bodies, in the law and regulation of the Council. (2) In the documentation activity, accredited researchers have the obligation to respect and protect the intimate, family and private life of those who were persecuted by the communist political police. (3) The Council will conduct scientific research, embodied in the publication of studies and documents, and will organize conferences and exhibitions of an informative-educational nature. (4) The revenues resulting from the activity of publication of studies and documents, as well as from the copying of documents requested by the entitled persons shall be constituted in revenues to the state budget. ------------- Article 19 has been amended by section 6.6. 24 24 of art. I of EMERGENCY ORDINANCE no. 16 16 of 22 February 2006 published in MONITORUL OFFICIAL no. 182 182 of 27 February 2006. + Article 20 (1) The Council shall take into account all documents relating to the exercise of the rights provided for by this Law, such as acts, files, registers, photo, video, audio and computer records, databases, including the personnel files of the officers of security, identified with political police activity during the communist regime, according to the law, except those who concern national security. (2) From the date of entry into force of this Law until the date of takeover, the members of the College of the Council, as well as other officials empowered by the College of the Council shall have unimpeded access to the archiving spaces to the documents provided in par. ((1), as well as to any children on these who, during this period, are kept and studied at the premises of the holders. (3) Romanian Intelligence Service, Foreign Intelligence Service, Ministry of Administration and Interior, Ministry of Justice, Ministry of National Defence, Ministry of Foreign Affairs, National Archives and any other public institutions or private, as well as individuals, who hold such documents, are obliged, under the sanction provided in art. 24 24 para. (2), to ensure this right of access and to hand them over to the Council. (4) Until the application of the personnel files requested in the case of security officers identified with political police activity according to the law, at the request of the Council, their holding institutions shall make available, within 14 days, identity data, including conspiratorial names, as well as the functions of communist political police officers. (5) The rights and oblibations provided in par. (1)-(3) also refers to the instruments of record, i.e. indexes, cartotecks, registers of information network records, registers on the approval of the use of party members in security work, registers-inventory of archives, minutes of destruction or finding the disappearance of files, regardless of their support, as well as audio and video recordings, disks, hard drives, photos, movies and microfilms. (6) Failure to fulfill the obligations provided in par. (1)-(5) attracts, as the case may be, the criminal, administrative, civil or disciplinary liability of the heads of the respective bodies, institutions and individuals, as the case may be, in accordance with 24 24 para. ((2). In this situation, the members of the College of the Council have the obligation to notify the Parliament and the Prosecutor's Office of the High Court of Cassation (7) The establishment in concrete of the files and other archival materials concerning national security, provided in par. ((1) and (5), shall be made in agreement by Joint Paritary Committees, composed by the members of the College of the Council, together with the management of the holding institutions. In case of divergence, the ruling will be adopted by the Supreme Council of National Defence. (8) For the checks provided for in art. 2, the files and other archival materials, established as being of national security and not subject to takeover, will be studied in mixed parity commissions, in compliance with Law no. 182/2002 on the protection of classified information, as amended. The members of the College of the Council of the Joint Committee, who have studied those dossiers, may ask for their declassification, a request to be decided by a committee made up of the President or Vice-President of the College the deputy director of the information service holder of the files, the chairman of the relevant parliamentary committee, the presidential adviser on national security and the adviser to the Prime Minister on national security issues. In case of divergence, the ruling will be adopted by the Supreme Council of National Defence. (9) In order to carry out its duties, the Council may address the authorities and persons referred to in paragraph 1. (3), requesting information, documents or documents in connection with its field of activity. In the event of their refusal, the Council may address the justice bodies. (10) The Council may use in order to carry out its tasks and other categories of sources, such as foreign archives or the testimonies of foreign nationals. ------------- Alin. ((1) art. 20 20 was amended by RECTIFICATION no. 187 187 of 7 December 1999 published in MONITORUL OFFICIAL no. 619 619 of 17 December 1999. Alin. ((2) art. 20 20 was amended by RECTIFICATION no. 187 187 of 7 December 1999 published in MONITORUL OFFICIAL no. 619 619 of 17 December 1999. Alin. ((3) art. 20 20 was amended by RECTIFICATION no. 187 187 of 7 December 1999 published in MONITORUL OFFICIAL no. 619 619 of 17 December 1999. Alin. ((6) art. 20 20 was amended by RECTIFICATION no. 187 187 of 7 December 1999 published in MONITORUL OFFICIAL no. 619 619 of 17 December 1999. Article 20 has been amended by section 6.6. 25 25 of art. I of EMERGENCY ORDINANCE no. 16 16 of 22 February 2006 published in MONITORUL OFFICIAL no. 182 182 of 27 February 2006. + Article 21 The seat of the Council, as well as the seat of its own archive, benefits from permanent security free of charge, provided by the Command of the Gendarmes Corps + Article 22 The Council operates for a period of 6 years, with the possibility of extending it, by law. ------------- Article 22 was amended by RECTIFICATION no. 187 187 of 7 December 1999 published in MONITORUL OFFICIAL no. 619 619 of 17 December 1999. + Article 22 ^ 1 (1) During the period of the activity, the Council shall perform any tasks given in its competence by this law, as well as by any other special laws. (. The Council shall exercise the powers established Law no. 303/2004 on the status of judges and prosecutors, republished, respectively Law no. 317/2004 on the Superior Council of Magistracy, republished, on judges and prosecutors, on membership or collaboration with information services before 1990. (3) Before appointment to the management positions, the Board shall verify and communicate, within 15 days from the request of the Superior Council of Magistracy, the membership or collaboration of judges and prosecutors with the information services before from 1990. (. For the purposes of this Article, persons who have been part of the information services before 1990 or have collaborated with them shall be understood to: a) any person who has had the status of operative worker, including covered, in the information services before 1990; b) any person who has collaborated with the information services before 1990 and who has been in one of the following situations: ((i) provided, transmitted or facilitated the transmission of information to the intelligence services; ((ii) was a resident of the information services; ((iii) has been repaid or otherwise rewarded for the work carried out in that capacity; (iv) was a conspiratorial dwelling holder or meeting house. (5) The membership or collaboration with the information services before 1990, for the purposes of this Article, shall be established by the Council on the basis of the work card, the written undertaking and signed by the one concerned, the notes, reports, syntheses information, written documents and other evidence, regardless of the support it would be, from the security records, as well as through any documents presented by any person, in case of lack, alteration or decompleteness of the file. ((6) The information contained in the statements given during the investigation for political reasons by a person concerned for which he has been investigated, tried or convicted shall not be covered by this Article. (7) 15 15 and 16 shall apply accordingly. ------------- Article 22 ^ 1 was introduced by item 26 26 of art. I of EMERGENCY ORDINANCE no. 16 16 of 22 February 2006 published in MONITORUL OFFICIAL no. 182 182 of 27 February 2006. + Article 23 (1) Upon termination of the activity of the Council the archival and documentary fund constituted on the basis of this law shall be handed over to the (2) The National Archives and the Council facilities shall also be transferred to the National Archives. + Article 24 (1) Failure to comply with the provisions of this law by persons other than those provided in art. 20 also draws criminal, civil, administrative or disciplinary liability, as the case may be. (2) The support, concealment, falsification, counterfeiting, damage or destruction of files, registers and any security documents shall be punished according to the criminal law, the maximum of the sentence increased by 2 years. (3) The release of certificates, documents or copies thereof from files or information about them, under conditions other than those provided for in this law, constitutes a crime and is punishable by imprisonment from 6 months to 5 years. (4) The failure to advertise data or information from files, improper to the truth, likely to harm the life, dignity, honor or reputation of a person constitutes a crime and is punishable by imprisonment from 3 months to 3 years. (5) The distorted presentation of data from the security file, for the purpose of discredit or non-disclosure, constitutes a crime and is punishable by imprisonment from 6 months to 5 years and the prohibition of the right to work in the field of archives. + Article 25 The Romanian Intelligence Service, the Foreign Intelligence Service, the Ministry of National Defence, the Ministry of Administration and Interior, the Ministry of Justice and the Public Ministry are required to make available to the legal committees of the Chamber Deputies and Senate of the requested materials on the person of the candidates of the Council College, constituted according to 8. ------------- Article 25 has been amended by section 6.6. 27 27 of art. I of EMERGENCY ORDINANCE no. 16 16 of 22 February 2006 published in MONITORUL OFFICIAL no. 182 182 of 27 February 2006. + Article 26 No other legal provision regarding the document regime can be interpreted so as to prevent the application of the provisions of this law. This law was adopted by the Chamber of Deputies and the Senate at the meeting of 20 October 1999, in compliance with the provisions of art. 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, VASILE LUPU p. SENATE PRESIDENT, ULM NICOLAE SPINEANU + Annex ------------- The Annex was introduced by section 28 28 of art. I of EMERGENCY ORDINANCE no. 16 16 of 22 February 2006 published in MONITORUL OFFICIAL no. 182 182 of 27 February 2006. SELF-DECLARATION on membership or non-membership as a collaborator of the communist political police Undersigned/Undersigned ....../ (name and all surname in the act of identity, as well as possible previous names) ......., citizen roman, son/daughter of ....../ (father's name and surname) ......, and /(mother's name and surname) ......., born/born ....../ (day, month, year) ......, in ....../ (place of birth: locality/county) ......., domiciled/domiciled in ...../ (permanent residence in the identity document) ...., legitimat/legitimated with ...../ (type, series and ID number) ........., knowing the provisions of art. 292 of the Criminal Code on the fake in statements, after the content of the Law no. 187/1999 on access to its own file and police deconspiration Communist political, as amended, hereby declare, on his own responsibility, as ......... *) former agent or collaborator of Political police, within the meaning of 5 5 para. ((1)-(4) of the law. We also became aware of the provisions of art. 3 ^ 1 para. ((6) of the law, according to which: " Persons submitting the declaration on liability is exempt from the obligation to provide protection state secret information or service secrets. " _________ *) Ensign by the signatory, "I do not" or "am", as the case may be. ........ ........ .............. ((Date) (Signature) --------