The CCR published the motivation of the decision on the statements of wealth

The Constitutional Court of Romania (CCR) published Wednesday evening Motivation of the decision by which the declarations of wealth and interests of the public officials and officials were secreted.

We remind, their relatives are excluded from the obligation to make public information.

The CCR invokes the right to private life, indicates the need to update the legislation on these statements and talks about a separation of dignitaries and civil servants.

Thus, according to the quoted document, « the Court notes that the establishment of the obligation to declare not only the rights and obligations, but also those of the spouse implies the assumption of the personal responsibility of the declarant that he does not have/does not know directly, but must obtain from a third person, respectively. »

« Regarding the declaration of the rights and obligations of the children in the maintenance of the declarant, according to the Civil Code, it is observed that the parents can know, directly, the extent of them at most in the case of minor children, as they conclude the legal acts on their behalf, as legal representatives, until the age of 14 years, and in the case of minors, with their minors. Art.41 paragraph (3) of the Civil Code. contraventional, as the case may be, this person (husband, wife or major child in maintenance), who is a third party to the obligation imposed on the declarant, refuse to provide them, for various reasons, or even to provide erroneous information, so that the declarant will be unable to provide the data regarding his heritage or will be put in the situation, The criminal sanction applicable for committing the crime of forgery in statements or the contravention sanction, as the case may be, ”the reasoning is shown.

The CCR makes clarifications regarding the situation in which the revenues of the spouses are protected by privacy clauses.

« Likewise, there are situations in which the revenues obtained by the husband are protected by a confidentiality clause, which is also required regarding the declarant, in the sense that the latter, even as a husband, will not have the right to know these income, so that, in such a case, the impossibility of communicating these data, which will not be able to complete the statement, husband of the person who obtains the income under the protection of confidentiality, this being part of the ways of avoiding the disclosure of the respective income. Liability including the revenues/assets of the declarant’s husband.

« The Court notes that the anonymization of the elements mentioned in the criticized law text is not sufficient to ensure the confidentiality and protection of personal data and, implicitly, for the protection of private life and human dignity, as a fundamental, consecrated and protected value. Easy to identify the buildings held by the declarant and family members, although their exact address is anonymous, according to the criticized text. public by reference to the personal patrimony of the declarant, but also the locality in which the building is located is such a date by his person. The number, the apartment) or determinable (with the indication of the locality), constitutes a personal information regarding the content of the heritage and the way they manage, administer and exercise control over its heritage.

« The Court points out that the legislator must identify an adequate legislative solution, which allows the National Integrity Agency to know the information regarding the assets of the declarant and the major children in its maintenance, in order to achieve its legal purpose, » the RCC shows.

The publication on the ANI website of wealth and interest statements « determines a fragility of the person’s security, but also of his dignity »

« The possibility for anyone to access detailed aspects of the financial and material situation of the declarant and his family determines a fragility of the person’s security, but also of his dignity, recognized in art.1 paragraph (3) and (5) of the fundamental law, as well as of the personal universe that configures his private life and his family, contrary to art.26, Life habits, deduced from the way they use the income it obtains, the way it invests or saves them highlighting very personal facets, which should be protected from the perspective of personal data ”, writes in motivation.

The Court also considers that « the criticized provisions do not ensure a fair balance between the two fundamental rights in competition. Thus, the need to inform the public and the need for the control of assets cannot lead to a disproportionate interference in the private life of the persons on whom the obligation to declare the assets, in the context of the above, to be justified to receive the obligation to receive the obligation to receive the authorities. Private ”, writes CCR in motivation.

According to the RCC, « the Romanian system regarding the regime of wealth statements is one of the most intrusive in terms of private life in the European space, offering the least guarantees to protect it. »

Officials of the National Integrity Agency (ANI) have transmitted that the CCR decision regarding the declarations of wealth and interests can violate all the commitments made by Romania at international level.

On May 29, the CCR decided that the statements of wealth and interests will no longer be published and will no longer include details about the assets of the spouses and children.