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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

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LEGE no. 293 293 of 14 November 2008 for approval Government Emergency Ordinance no. 24/2008 on access to your own file and the disclosure of Security
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 800 800 of 28 November 2008



The Romanian Parliament adopts this law + Article UNIC Approval Government Emergency Ordinance no. 24 24 of 5 March 2008 on access to its own file and the disclosure of Security, published in the Official Gazette of Romania, Part I, no. 182 of 10 March 2008, with the following amendments and additions: 1. The preamble will read as follows: " During the period of the communist dictatorship, between March 6, 1945-December 22, 1989, the communist power exercised, especially through the state security organs, part of the political police, a permanent terror against the citizens of the country, rights and their fundamental freedoms. It entitles access to its own file and the disclosure of Security. " 2. In Article 1, paragraphs 2, 5, 10 and 13 shall be amended and shall read as follows: " (2) Access concerns all types of information collected or exploited by the Security, through related actions or by issuing acts, provisions or other types of documents. ................................................................ (5) In the reply communicated to the applicant it is stated whether in the computerized records of the National Council for the Study of Security Archives, as well as those of the other institutions holding the Securitate archives there are mentions regarding the existence/non-existence of documents referring to the person of the applicant; the date and place where the documents can be consulted, as well as data on the previous existence of the documents, if they have not been preserved. ................................................................ (10) The National Council for the Study of Security Archives shall issue to the petitioner entitled, at its request, certified copies of all types of information, regardless of their support. ................................................................. (13) If original documents or personal items withheld by the Security are identified following actions of repression, they shall be returned, upon request, to the holder of the right of access, under the conditions of this emergency ordinance. Within 60 days of the registration of the application, the National Council for the Study of Security Archives shall proceed to the return of the original document, on file keeping a photocopy conforming to the original. In the case of restitution, the surrender-receipt shall be recorded in a minutes, drawn up in two original copies. The minutes shall be archived instead of the refund or the object returned. " 3. in Article 2, points a) and b) shall be amended and shall read as follows: " a) Security worker-any person who, having the status of officer or petty officer of Security or Militia with duties on the line of Security, including officer covered, from 1945-1989, carried out activities by which he suppressed or has restricted fundamental human rights and freedoms; b) collaborator of the Securitate-person who provided information, regardless of what form, such as written notes and reports, verbal accounts recorded by the Securitate workers, denouncing the activities or attitudes against the regime totalitarian communist and aimed at restricting human rights and fundamental freedoms. The person who provided information contained in the statements, the minutes of questioning or confrontation, given during the investigation and the trial, in a state of freedom, detention or arrest, for political reasons concerning the case for which he been investigated, either tried and convicted, is not considered a collaborator of the Securitate, according to this definition, and the documents and documents that recorded this information are considered part of their own file. Persons who, at the time of collaboration with the Securitate, had not turned 16, are not considered by this definition, in so far as they corroborate with other evidence. Collaborator of Security is also the person who facilitated the collection of information from other persons, by voluntarily making available to the Securitate of the home or another space he owned, as well as those who, having the status of residents of Security, coordinated the activity of informants; ". 4. Article 2 (c) shall be repealed. 5. In Article 3, the introductory part and letter h) shall be amended and shall read as follows: "" Art. 3. -In order to ensure the right of access to information of public interest, any Romanian citizen, residing in the country or abroad, as well as the written and audiovisual press, political parties, legally constituted non-governmental organizations, the authorities and public institutions have the right to be informed, upon request, of the existence or non-existence of the quality of the Securitate worker or its collaborator, for the purposes of this emergency ordinance, of the candidates for the presidential, general, local and European Parliament elections, as well as people who occupy the following dignities or functions: ................................................................ h) the director and his deputies within the Romanian Intelligence Service, the Foreign Intelligence Service, the Protection and Guard Service and the Special Telecommunications Service, as well as the chief and his deputy within the structures county of the Romanian Intelligence Service and the Special Telecommunications Service; ". 6. In Article 3, after letter h) a new letter, letter h ^ 1) is inserted, with the following contents: "h ^ 1) candidates for the National Council for the Study of Security Archives;". 7. in Article 3, points l), o), r), u) and z) shall be amended and shall read as follows: " l) judges and magistrates-assistants from the High Court of Cassation and Justice and the Constitutional Court, prosecutors from the Prosecutor's Office of the High Court of Cassation and Justice, including those from the National Anti-Corruption Directorate and the Directorate for Investigation of Organized Crime and Terrorism, judges, prosecutors and first-clerks from civil and military courts and prosecutors; ................................................................... o) the President and the President of the Department at the Legislative Council, the members of the Legislative Council, the National Integrity Council, the President and the Vice President of the National Integrity Agency, the persons with leadership positions Authority for the Valorisation of State Assets and from the National Agency of Public Servants, Presidents and members of the Competition Council, of the National Securities Commission, of the National Institute of Statistics and of the Agency National Cadastre and Real Estate Advertising; ................................................................... r) member, corresponding member, honorary member or general secretary of the Romanian Academy or, as the case may be, secretary of branch academies; ................................................................... u) 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, at the request of the representatives of the religious cult of which they belong; ................................................................... z) persons holding the title of fighter for the victory of the Revolution of December 1989. " 8. In Article 4, paragraphs 1, 2 and 4 shall be amended and shall read as follows: "" Art. 4. -(1) The persons running for the office of President of Romania make a declaration on their own responsibility, according to the model set out in the annex that forms an integral part of this emergency ordinance, in the sense that they have had or not worker of the Securitate or its collaborator. 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) The verification by the National Council for the Study of Security Archives of the existence of documents and information on the quality of worker of the Securitate or its collaborator of the candidates shall be made ex officio, within 7 days from the receipt of the affidavit, according to the procedure in this emergency ordinance. ................................................................... (4) The action in finding the quality of worker of the Securitate or its collaborator or the appeal against the certificate provided in art. 8 lit. b) and art. 9 is introduced no later than 48 hours after the approval of the finding note, respectively from the publication on the Internet of the certificate, at the Administrative and Fiscal Litigation Section of the Bucharest Court of Appeal. It shall be pronounced within 48 hours. The court's ruling is appealed with appeal within 24 hours, with the appeal settling within 48 hours. The decision of the court, remaining irrevocable, shall be published immediately in the Official Gazette of Romania, Part III. " 9. Article 5 (1) and the introductory part of paragraph 2 shall be amended and shall read as follows: "" Art. 5. -(1) The persons running, have been elected or have been appointed to one of the dignities or functions provided in art. 3 lit. b)-h ^ 1), except those who on December 22, 1989 did not meet the age of 16, make a declaration on their own responsibility, according to the model set out in the annex to this emergency ordinance, in the sense that they had or not the quality of worker of the Securitate or its collaborator. The verification of the quality of worker of the Securitate or its collaborator is made ex officio for the persons who ran, were elected or appointed to the dignities or in the positions provided in art. 3 lit. b)-h ^ 1), including those in the exercise of those dignities or functions on the date of entry into force of this emergency ordinance. (2) The declaration provided in par. ((1) shall be submitted to the head of the institution who shall appoint or to the institution validating the election or to other persons or institutions, as follows: ". 10. In Article 5, after the letter d) of paragraph (2), a new letter, letter d ^ 1) is inserted, with the following contents: "d ^ 1) persons exercising public dignity and public functions of authority within the authorities and institutions under parliamentary control-to the person designated by the Secretary-General of the Chamber of Deputies or the Senate, as the case may be;". 11. Article 5 (2), letter h) shall be amended and shall read as follows: " h) the director and his/her deputies in the Romanian Intelligence Service, the Foreign Intelligence Service, the Protection and Guard Service and the Special Telecommunications Service, as well as the chief and his deputy within the structures county of the Romanian Intelligence Service and the Special Telecommunications Service-to the head of the institution to which they belong. " 12. In Article 5, the introductory part of paragraph 4 shall be amended and shall read as follows: " (4) 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 in art. 3 lit. b)-h ^ 1), accompanied by self-declarations. The list shall contain the following data: ' 13. Article 5 (6) shall be repealed. 14. In Article 7, paragraphs 1 and 3 shall be amended and shall read as follows: "" Art. 7. -(1) Based on the checks provided for in art. 6 6 para. ((1), the specialized directorate shall draw up a finding note on the existence or non-existence of the quality of the Security worker or its collaborator for the person who was the subject of the verification. ................................................................. (3) The note of finding the quality of worker of the Securitate or its collaborator includes: the name, surname, the conspiratorial name, where there are, of the verified person, the period of activity within the Securitate or the collaboration with this, for the purposes of this emergency 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. -The College of the National Council for the Study of Security Archives is discussing the finding note and, as the case may be: " 16. In Article 10, paragraph 2 shall be amended and shall read as follows: " (2) The certificate provided for in art. 8 lit. b) and art. 9 is published immediately on the website of the National Council for the Study of Security Archives and can be challenged at the Administrative and Fiscal Litigation Section of the Bucharest Court of Appeal by any interested person, in days after their publication. " 17. In Article 11, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 11. -(1) The action in finding the quality of worker of the Securitate or its collaborator is introduced at the Administrative and Fiscal Litigation Section of the Bucharest Court of Appeal, being exempted from the stamp duty. (2) The judgment of the Bucharest Court of Appeal can be appealed, under the law. " 18. In Article 14, letter e) is amended and shall read as follows: " e) releases the information and documents on the activity, structure and composition of the Securitate, which attest to the involvement of the Securitate and other political and repressive structures of the totalitarian communist regime in committing acts against the life, physical or mental integrity, fundamental human rights and freedoms, as well as acts of betrayal of national interests, in compliance with the legislation on the protection of information concerning safety national; the procedure followed, in order to publish the names of those involved to these facts, it is the same as for Security workers, identified as a result of ex officio checks, provided for by this emergency ordinance; ". 19. In Article 17, paragraph 13 shall be amended and shall read as follows: "(13) The religious formula for the conclusion of the oath respects the freedom of religious belief." 20. Article 18 is amended and shall read as follows: "" Art. 18. --(1) If, subsequently to the election of the College of the National Council for the Study of Security Archives, it is found that one of its members does not meet the conditions provided for in this emergency ordinance, the mandate ceases to immediately and a new appointment is also made. Verification of the fulfilment of the conditions and the finding is carried out by Parliament, at the request (2) Revocation shall be ordered only for the cases provided for in art. 17 17 para. ((9). ' 21. In Article 25, paragraph 2 shall be amended and shall read as follows: " (2) Of the National Council for the Study of Security Archives may not include Security workers or its collaborators, as defined by this Emergency Ordinance, those of other foreign intelligence services and other information services. internal and foreign informative structures. " 22. In Article 28, paragraph 3 shall be amended and shall read as follows: "(3) In the documentation activity, accredited researchers have the obligation to respect and protect the intimate, family and private life of those who have been persecuted by the state security bodies." 23. In Article 30, paragraph (5) shall be amended and shall read as follows: "(5) Trafficking and advertising, by the staff of the National Council for the Study of Security Archives, of some data or information from the files is a crime and is punishable by imprisonment from 6 months to 5 years." 24. in Article 30, after paragraph 7, a new paragraph (8) is inserted, with the following contents: " (8) The attempt of the facts provided in par. ((3) and (5) shall be punished. " 25. In Article 31, paragraph 4 shall be amended and shall read as follows: " (4) Until the application of the personnel files requested in the case of the Securitate workers, identified as having carried out activities by which fundamental human rights and freedoms were suppressed or restricted, in order to support the power Communist totalitarian, at the request of the National Council for the Study of Security Archives, their holding institutions shall provide, within 15 days, the identity data, including the conspiratorial names, as well as their functions. " 26. Article 33 (1) shall be amended and shall read as follows: "" Art. 33. -(1) The checks under way at the National Council for the Study of Security Archives on the date of entry into force of this emergency ordinance continue according to the procedure provided for by this. " 27. Article 34 is amended and shall read as follows: "" Art. 34. -(1) Causes before the civil sections of the courts of appeal, as courts of judicial review, following the exercise of the appeal provided for in art. 16 16 para. ((1) of Law no. 187/1999 on the access to its own file and the unraveling of the communist political police, with subsequent amendments and completions, against the decisions of the National Council for the Study of Security Archives, on the date of entry into force emergency ordinances, are transmitted to the Administrative and Fiscal Litigation Section of the Bucharest Court of Appeal, as a court of judicial control. This, at the first court term, will continue to adjudicate cases with consideration of admitted evidence and procedural acts carried out by the civil court. (2) The cases pending before the Administrative and Fiscal Litigation Section of the Bucharest Tribunal shall be transmitted, immediately, to the Administrative and Fiscal Litigation Section of the Bucharest Court of Appeal. " 28. Article 36 is amended and shall read as follows: "" Art. 36. -The headquarters of the National Council for the Study of Security Archives, as well as the headquarters of its own archive benefit from permanent security, under the law, provided by the Command of the Gendarmes Troops. " 29. In Article 37, paragraph 1 shall be amended and shall read as follows: "" Art. 37. -(1) The National Council for the Study of Security Archives operates in the organizational structure, with the patrimony and budget existing on the date of entry into force of this emergency ordinance. " 30. Reference to art. 5 5 para. ((6) of the Annex is repealed. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU p. SENATE PRESIDENT, DORU IOAN TARACILA Bucharest, November 14, 2008. No. 293. ------------