George Simion's reaction to the Court's decision on the statements of wealth: “It is exactly what some/ money for Ukraine, for Romanians increased taxes”
George Simion, in Bucharest, May 18, 2025. Inquam Photos / Codrin unic
President of Gold George Simion posted a message on Facebook as a result of the decision of the Constitutional Court by which the publication of statements of the dignitaries and employees of the state was declared unconstitutional, as well as the declaration of the revenues and wealth of the spouses. Simion says the decision “that's exactly what some deserves”, with references to Ukraine, France and LGBT.
The message of George Simion is sprinkled with flags – Ukraine, France and the LGBT community – and with Emoji taken from the Facebook menu.
Later, in the comment, Simion came with a rectification: “Writing mistake. Take with …”, then posted three peeled bananas.
The Constitutional Court decided on Thursday that statements of wealth and interests should not include the goods and revenue of the spouses. Also, the constitutional judges declared unconstitutional the article of law which provides for the obligation to publish the statements on the website of the National Integrity Agency.
The decision of the Court is mandatory and produces effects for the future and does not concern the declarations of wealth and interests filed before the publication of the decision in the Official Gazette of Romania.
CCR's full communication:
“In the same meeting, the Constitutional Court, with unanimous votes, admitted the exception of unconstitutionality and found that the provisions of art.3 paragraph (2) of Law no. 176/2010 on the integrity in the exercise of public functions and dignities, for the modification and completion of Law no.144/2007 on the establishment, organization and functioning of the National Agency Normatives are constitutional insofar as they do not refer to the rights and obligations of the declarant's spouse, as well as of the major children in its maintenance;
With a majority of votes, the Court admitted the exception of unconstitutionality and found that the provisions of art.6 paragraph (1) letter d) and art.12 paragraph (6) of Law no.176/2010 are unconstitutional.
Essentially, the Court held, regarding the provisions of art.3 paragraph (2) of Law no.176/2010, that they contravene the provisions of art.1 paragraph (5) of the Constitution, through the non -observance of the qualitative requirements that the drafting of the law texts must meet in order to be in accordance with the principle of legality.
This, because the declaration of wealth, being a declaration on its own responsibility, employs the criminal liability of the declarant, which is why it can only be done in its own name, a person cannot be held criminally responsible for the deed/statements of another person. However, the criticized law provisions that establish the obligation to declare not only their own income, but also the rights and obligations of the spouse and of the maintenance children, do not take into account the legislative changes to the Civil Code in the matter of the legal regime of the spouses and determine the criminal liability of the declarant for the information that he does not have to know. respectively from the spouse and the major children in maintenance.
Regarding the provisions of art. paragraph (5) and art.26 of the Fundamental Law.
In this regard, the Court conducted a proportionality test, finding that it is undeniable that the criticized legal provisions were edited in order to prevent corruption and ensure the transparency of political life, therefore, a legitimate purpose. By capitalizing on the jurisprudence of the Court of Justice of the European Union and the standards of the European Union law, the Constitutional Court considered that it is sufficient to submit the statements to the competent body to verify (ANI) to achieve the purpose of the law, and their publication on the website ANI and of the institution to which it belongs to the declaration is not necessary and proportional to the proposal.
The Court stressed that the pronounced solution should not have the effect of eliminating the obligation of the persons provided by law to give statements of wealth, but only that these statements will no longer be published on the mentioned sites, and they will be submitted to the National Integrity Agency, to manage them according to the competences provided by law.
The decision of the Court produces effects for the future and does not concern the statements of wealth and interests filed prior to the publication of the decision in the Official Gazette of Romania ”.
