Last hour Nicușor Dan criticizes the decision of the CCR by which the wealth of the dignitaries are secreted

President Nicușor Dan criticized on Thursday evening, in his first reaction, the decision of the Constitutional Court (CCR) on the publication of statements of wealth and between, stating that this is “surprising” and is “in contradiction with an essential principle of democracy – transparency in the exercise of public functions”.

“The surprising decision of the Constitutional Court announced today is in contradiction with an essential principle of democracy-transparency in the exercise of public functions,” wrote Nicușor Dan, in a short message published on his Facebook page.

“The access of citizens to information on the statements of wealth of dignitaries is a guarantee of integrity and responsibility in the public space, and this principle must be defended firmly,” says the head of state.

“If the motivation of the decision identifies the technical deficiencies within the current legislative framework, it is the responsibility of the Parliament to correct them with speed,” concluded President Nicușor Dan.

The RCC has decided, previously during the day, that the statements of wealth and interests should no longer be published on the website of the National Integrity Agency, nor on the online pages of other public institutions, and these statements should no longer include the revenues and goods of the spouses and children.

Basically, by this decision, which is final and mandatory, the statements of wealth and interests will be kept secret.

What has the CCR decided

Following the decision of the RCC, the declarations of wealth that are submitted to the National Integrity Agency no longer have to include the goods of the spouses and children.

“The Constitutional Court, within the control of constitutionality of posteriori, with unanimity of 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 The modification and completion of other normative acts are constitutional insofar as it does not refer to the rights and obligations of the declarant's husband/wife, as well as of the major children in its maintenance ”, said the RCC.

Constitutional judges have argued that a statement on their own responsibility can only be made on their own behalf.

“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 acc engages 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. Legal of the goods of the spouses and determines the criminal liability of the declarant for information that he does not have/does not know directly, but must obtain them from a third person, respectively from the spouse and the major children in maintenance ”, writes in the motivation offered by the RCC.

Also, with a majority of votes, two other articles of Law no.176/2010 were declared unconstitutional, which refers to the publication on the website of wealth and interests.

Art. 12 paragraph (6) stipulates: “The Agency ensures the display of wealth statements and the statements of interests, provided in annexes no. 1 and 2, on the website of the Agency, within a maximum of 30 days from the receipt, by anonymizing the address of the declared buildings, except for the locality where they are located, of the address of the institution, as well as the financial assets, as well as the assets. Wealth and statements of interests are kept on the website of the Agency throughout the exercise of the position or mandate and 3 years after its termination and are archived according to the law ”.

Art.6 paragraph (1) letter (d) of Law 176/2010: “The persons responsible for implementing the provisions regarding the declarations of wealth and the statements of interests have the obligation to register in this capacity on the E-DAI and have the following tasks: (…) d) ensures the display and maintenance of the declarations of wealth and of the statements of interests, provided in the annex, on the annex, days from the reception, by anonymizing the address of the declared buildings, except for the locality where they are located, the address of the institution that manages the financial assets, of the personal numeric code, as well as the holographic signature.

According to the RCC, statements of wealth and interests will no longer be published on the sites of institutions where those who have to declare their assets, because the “right to the protection of privacy” are violated.