Amazing what the Constitutional Court said in 2014 and how it was succeeded now
The Constitutional Court returned it as in Ploiesti. lawyer Toni Neacsu He has published a decision of the RCC in 2014, which seems to contradict the Court’s now decision.
CCR, Decision no. 309 of June 5, 2014
« 29. Regarding the criticism of unconstitutionality aiming at violating the fundamental right to intimate, family and private life by publishing statements of wealth and interests, the Court stressed that the right to intimate, family and private life is not absolute, but, under certain conditions, it can be subject to certain limitations or restrictions, for the authorities, for the authorities 2009, published in the Official Gazette of Romania, Part I, no.
31. Applying these principles in question, the Court found, on the one hand, that the legislative solution of publishing declarations of wealth and interests is justified in the light of the legal purpose of the National Integrity Agency in ensuring the public dignities and functions and prevention of institutional corruption, and on the other hand, that the publication of these statements is made. 6 para. (1) letter. e) of Law no. 176/2010, by anonymizing the personal data, thus ensuring guarantees against arbitrary interference. Under these conditions, the Court found that the criticism regarding the violation of the provisions of art. 26 of the Constitution and art. 8 of the Convention for the Defense of Human Rights and Fundamental Freedoms. ”
Now…
The Constitutional Court has decided 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.
According to a statement sent on Thursday, with a majority of votes, the RCC declared unconstitutional art.3 paragraph (2) of Law no. 176/2010, with the following content: ‘The declarations of wealth are prepared on their own responsibility and include the rights and obligations of the declarant, of the spouse, as well as of the children in the maintenance, according to the annex. 1 ‘.
As a result of this decision, which is final, the statements of wealth that are submitted to the National Integrity Agency no longer have to include the goods of the spouses and children.
Also, with a majority of votes, two other articles of Law 176/2010 were declared unconstitutional, which refers to the publication on the website of wealth and interests.
