Romania Needs Measures Allowing Confiscation Of Alienated Illegally-Obtained Wealth – President

The head of state said on public radio RRA that, under the current Constitution, EU normative acts prevail over local normative acts.

According to Basescu, a 2005 EC Decision allows the confiscation of property alienated to deceive state authorities. A court order is required to confiscate wealth and fiscal authorities may levy distraint on property during criminal investigations, said the president.

Basescu said Tuesday he will not eliminate from the draft revised Constitution the amendment regarding legally-obtained wealth. He highlighted he is determined not to renounce the proposition to eliminate from the Constitution the provision stating „wealth is presumed to have been obtained legally.”

Article 44 of the current Constitution, concerning „the right to private property” states (section 8): „Legally-obtained wealth may not be confiscated. Wealth is presumed to have been obtained legally.”

The draft revised Constitution eliminates the final part of the section, to read: „Legally-obtained wealth may not be confiscated.”

The Constitutional Court on Friday ruled unconstitutional certain provisions of the draft Constitution put forward by Basescu. The court held that a number of provisions were unconstitutional, including those concerning wealth presumed obtained legitimately, parliamentary and ministerial immunity and the membership of the High Council of Magistrates.