Law No. 293 Of 14 November 2008 Approving Government Emergency Ordinance Nr. 24/2008 Access To Your Files And Unveiling Of The Security

Original Language Title:  LEGE nr. 293 din 14 noiembrie 2008 pentru aprobarea Ordonanţei de urgenţă a Guvernului nr. 24/2008 privind accesul la propriul dosar şi deconspirarea Securităţii

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Law No. 293 of 14 November 2008 approving Government Emergency Ordinance nr. 24/2008 access to your files and ISSUING Security unveiling of PARLIAMENT Published in MONITORUL OFICIAL nr. 800 of 28 November 2008 the Romanian Parliament adopts this law.


The sole article approving Government Emergency Ordinance nr. 24 of 5 March 2008 concerning access to your files and unveiling of the security, as published in the Official Gazette of Romania, part I, no. 182 of 10 March 2008, with the following amendments and supplements: 1. Preamble shall read as follows: "during the period of Communist dictatorship, between 6 March 1945-22 December 1989, Communist power has pursued, in particular by State security bodies, part of the political police, a permanent terror against citizens their fundamental rights and freedoms. It justification access to your files and unveiling of security. "
2. In article 1 (2), (5), (10) and (13) shall be amended and shall read as follows: "(2) access cover all the types of information collected or used by Security through actions or through issuing laws, provisions or other types of records. ..

(5) In response to the claimant, it shall be stated whether the Communique in the computerized records of National Council for analyzing the safety, as well as those of the other institutions which hold the security archives to retrieve entries pertaining to the existence/nonexistence of documents that relate to the person the claimant; the date and place where documents can be consulted, as well as data about the existence of the documents, where these have not been preserved.
  

.

(10) National Council for analyzing the Security issue to the petitioner entitled, on request, certified copies of all kinds of information, regardless of the support these.
  

..

(13) where original records are identified or personal items withheld following security actions of repression, they shall be refunded upon request of the holder of the right of access under the terms of this emergency Ordinance. Within 60 days of registration, the National Council for the Cnsas shall refund the original official on record keeping a photocopy to conform to the original. In case of refund, handing the receipt shall be recorded in the minutes, drawn up in two original copies. The minutes shall be archived instead of the official or of the object being returned. "
  

3. In article 2, points (a) and (b))) is amended and shall read as follows: "a security) worker-any person who, having the status of an officer or a security officer or of the Militia with the line, including an officer, in the 1945-1989 period, carried out activities of suppressed or restricted rights and fundamental human freedoms;

b) contributor to Security-the person who supplied the information, in any form, as well as notes and written reports, oral histories recorded by Security workers, denounced the activities or attitudes opposing the Communist totalitarian regime and who have targeted restriction of human rights and fundamental freedoms. The person who supplied the information contained in the statement, the minutes of questioning or confrontation, given during the investigation and trial, in a State of liberty, arrest, detention times for political reasons relating to the cause for which has either been researched, be tried and convicted, is not considered a contributor to security, according to this definition, and the laws and the documents consemnau this information are considered part of your own files. Persons who, at the time working with Security, not provided for the 16 years, are not covered by this definition, to the extent that it corroborates with other evidence. Contributor of security is and the person who facilitated the gathering of information from other people, through voluntary implementation available to Security of the home or other space which they owned, as well as those who, having the quality of Security, residents coordonau work of informers ".
  

4. In article 2, subparagraph (c)) shall be repealed.
5. In article 3, the introductory part and the letter h) is amended and shall read as follows: Art. 3.-in order to ensure the right of access to information of public interest, any Romanian citizen resident in the country or abroad, as well as print media and audiovisual work, political parties, non-governmental organizations legally constituted authorities and public institutions have the right to be informed, upon request, in connection with the existence or inexistence of worker safety or its collaborator the purpose of this emergency Ordinance, the candidates in the presidential election, General, local and European Parliament, as well as of the persons holding the following distinguished positions or functions.

h) its Director and Deputy Directors within the Romanian Intelligence Service, the foreign intelligence service, security guard and protection service and Telecommunications Service, and the Chief and his Deputy in the County structures of the Romanian Intelligence Service and the Special Telecommunications Service; ".
  

6. In article 3, after the letter h) insert a new drive letter, letter h ^ 1), with the following content: "h ^ 1) candidates for the National Council for analyzing security;".
7. In article 3, subparagraphs), o), r), u) and z) is amended and shall read as follows: "l) judges and magistrates-assistants of 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, including the national anti-corruption Directorate and the Directorate for investigating organized crime and terrorism the judges, prosecutors and clerks at the prime of the courts and civil and military prosecutors ' offices;

a President and Chairman) Department at the Legislative Council, members of the Legislative Council, national integrity Council, President and Vice-President of the national integrity Agency, people with leadership positions from the authority for State assets recovery and from national agency of public officials, Presidents and members of the competition Council, the National Commission for securities, the National Statistics Institute and the national agency of cadastre and real estate advertising;
  

.

r) Member, associate member, Honorary Member or general Secretary of the Romanian Academy times, where appropriate, the Secretary of the branch academies;
  

.

u) hierarchies and heads of religious denominations recognized by law, up to and including level of priest, and asimilaţii from their parishes in the country and abroad, at the request of the representatives of the religious cult to which they belong;
  

.

z) persons who hold the title of fighter for revolution of December 1989. "
  

8. In article 4, paragraphs (1), (2) and (4) is amended and shall read as follows: Art. 4.-(1) persons who apply for the position of President of Romania shall make a statutory declaration in accordance with the model set out in annex II, which forms an integral part of this emergency Ordinance, meaning that they had no membership or worker safety or its collaborator. Statutory declarations shall be lodged with the Central Electoral Bureau, which, within 24 hours after registration, forward them to the National Council for the Cnsas.

(2) verification by the National Council for studying the Archives of the existence of Security documents and information relating to the quality of the security worker or collaborator of the candidates shall be made ex officio, within 7 days after receipt of the statutory declaration, according to the procedure of this emergency Ordinance.
  

.

(4) the action in finding the quality of worker safety or its collaborator times opposition against ownership. 8 lit. (b)) and art. 9 is inserted within 48 hours of approval, respectively, preliminary note of the publication on the internet of ownership, to the administrative and Tax Court of appeal. It shall take a decision within 48 hours. Judgment of the Court appeal attack within 24 hours, soluţionându appeal-it within 48 hours. Judgment of the Court, shall be irrevocable, remaining without delay in the Official Gazette of Romania, part III. "
  

9. In article 5, paragraph 1, and the introductory part of paragraph (2) is amended and shall read as follows:

"Art. 5. — (1) the persons present were chosen, or were named in one of dignities times referred to in article functions. 3 (a). b)-h ^ 1), except that on 22 December 1989 provided for the age of 16 years, make an affidavit in accordance with the model set out in annex to this emergency Ordinance, meaning that they had no membership or worker safety or its collaborator. Check the quality of worker safety times its consultant is made ex officio for people who have chosen a candidate, were called dignities or fold in the functions referred to in article 1. 3 (a). b)-h ^ 1), including those in the exercise of these functions at times dignities date of entry into force of this emergency Ordinance.

(2) the statement referred to in paragraph 1. (1) the head of the institution to the institution which calls itself or validate the choice to other people or institutions, as follows: ".
  

10. In article 5, letter d) after paragraph 2, insert a new drive letter, letter d ^ 1), with the following content: "d ^ 1) persons exercising public functions and dignities of authority within the public authorities and institutions under parliamentary control-the person appointed by the Secretary general of the Chamber of deputies or the Senate, where appropriate;".
11. In article 5, paragraph 2, subparagraph (h)) is amended and shall read as follows: "h) Director and its deputies in the Romanian intelligence service, the foreign intelligence service, security guard and protection service and Telecommunications Service, and the Chief and his Deputy in the County structures of the Romanian Intelligence Service and the special Telecommunication Service-at the head of the institution to which they belong."
12. In article 5, introductory part of paragraph (4) is amended and shall read as follows: "(4) the authorities shall be obliged to send statements of the National Council for the Cnsas, within 30 days from the date of election or appointment, the list of persons who perform the functions referred to in article 1. 3 (a). b)-h ^ 1), accompanied by declarations on oath. The list must contain the following data: "13. In article 5, paragraph (6) are repealed.
14. In article 7, paragraphs (1) and (3) is amended and shall read as follows: Art. 7. — (1) on the basis of the checks provided for in article 10. 6 paragraph 1. (1) the Directorate shall draw up a specialty findings concerning the existence or inexistence of worker safety or its collaborator for the person who was the subject of the verification.
..

(3) Note the quality of worker safety or its collaborator include: name, surname, the name conspiratorial, where it exists, of the person checked, Security activity within the period or cooperation with it, for the purposes of this Ordinance, and the list of documents on the basis of which it was issued. "
  

15. In article 8, the introductory part shall be amended and shall read as follows: Art. 8.-National Council for College Cnsas takes into question note finding and, where appropriate: ".
16. In article 10, paragraph (2) is amended and shall read as follows: "(2) the Certificates referred to in article 1. 8 lit. (b)) and art. 9 shall be published without delay on its own page of the National Council for studying the Security Archives and can be appealed to the Administrative Court and the Tax Court of appeal Bucharest by any interested person, within 30 days of their publication. "
17. In article 11, paragraphs (1) and (2) is amended and shall read as follows: Art. 11.-(1) proceedings in finding quality security worker or collaborator of the Insert to the administrative and Tax Court of appeal Bucharest, being exempt from stamp duty.

(2) judgment of the Court of appeal in Bucharest can be attacked with the appeal, according to the law. "
  

18. In article 14 (e)) is amended and shall read as follows: "e) gives the information and documents published on the activity, the structure and composition of security, attesting to the involvement of security and political structures and repressive totalitarian Communist regime in committing acts against the life, physical integrity or mental, of the rights and fundamental freedoms as well as acts of betrayal of the national interest. , in compliance with the legislation on the protection of information relating to safety; the procedure followed for publication of the names of those involved in committing such acts, is the same as for Security workers, identified as a result of the checks on its own initiative under this emergency Ordinance; ".
19. In article 17, paragraph (1) shall be amended and shall read as follows: "(13) religious Formula of end of religious belief freedom respects his oath."
20. Article 18 is amended and shall read as follows: Art. 18. — (1) where, at a later date the election of the National Council for the College of the Cnsas, it appears that one of its members satisfies the conditions laid down in this emergency Ordinance, cease to hold office immediately and proceed and to a new appointment. Verify the conditions and finding is done by Parliament, at the request of any person.

(2) the revocation shall be ordered only for cases referred to in article 1. 17 para. (9)."
  

21. In article 25, paragraph (2) is amended and shall read as follows: "(2) of the National Council for the Cnsas may not participate in the safety workers or collaborators, as defined by this emergency Ordinance, those of other foreign intelligence services and other internal structures and informative."
22. In article 28, paragraph (3) is amended and shall read as follows: "(3) in the business of documenting, accredited researchers have an obligation to respect and protect the life and family of those who were persecuted by the State security organs."
23. In article 30, paragraph (5) is amended and shall read as follows: "(5) Trafficking and putting toward advertising, by the staff of the National Council for analyzing the Security of data or information of dossiers constitute the offense and is punishable by imprisonment from 6 months to 5 years."
24. In article 30, after (7) insert a new paragraph, paragraph (8), with the following contents: "(8) the facts under paragraph 1 Attempt. (3) and (5) shall be punished. "
25. In article 31, paragraph 4 shall be amended and shall read as follows: "(4) the records requested if frames security workers found to have conducted activities were suppressed or limited rights and fundamental human freedoms, to support Communist totalitarian power, at the request of the National Council for studying the Security Archives, which hold their institutions make available within 15 days, identity data, including conspiracy, and name their functions. "
26. In article 33, paragraph (1) shall be amended and shall read as follows: Art. 33. — (1) Checks that are in progress at the National Council for analyzing the Security on the date of entry into force of this emergency Ordinance continues according to the procedure laid down therein. '
27. Article 34 is amended and shall read as follows: Art. 34. — (1) on the Causes of the civil sections of the role the courts of appeal, as the Court of judicial control, as a result of the exercise of the appeal referred to in art. 391. (1) of law No. 187/1999 access to your files and unveiling of the Communist political police, as amended and supplemented, against decisions of the National Council for the Cnsas, the entry into force of this emergency Ordinance, shall be transmitted to the Department of administrative and Tax Court of appeal Bucharest, as the judicial control body. This, in the first term, will continue prosecuting causes with a consideration of the evidence and procedural documents admitted performed civil court.

(2) the causes of the found on the role of the administrative and Tax Court of Bucharest shall be forwarded, without delay, of the administrative and Tax Court of appeal Bucharest. "
  

28. Article 36 is amended and shall read as follows: Art. 36. The National Council headquarters Cnsas headquarters, as well as his own archives benefit from permanent guard, according to the law, ensured by the gendarmerie command troops. "
29. In article 37, paragraph (1) shall be amended and shall read as follows: Art. 37. — (1) the National Council for analyzing the Security work in the organizational structure, with a budget of heritage and existing at the date of entry into force of this emergency Ordinance. "
30. Referring to article 4. 5 para. (6) of the annex shall be repealed.

This law was adopted in the Romanian Parliament, in compliance with the provisions of art. 75 and of art. 76 para. (1) of the Constitution of Romania, republished.
PRESIDENT of the CHAMBER of DEPUTIES BOGDAN OLTEANU, p. SENATE PRESIDENT DORU IOAN TĂRĂCILĂ Bucharest, November 14, 2008.
No. 293.
------------

Related Laws