Constitutional Court Postpones Ruling On Bill Declassifying Protocols For February 27

Romania’s Constitutional Court postponed on Wednesday challenges made by President Klaus Iohannis, opposition parties and the Supreme Court against a bill which would declassify a 2005 Defense Council ruling which is the basis for secret service-judiciary protocols and all the acts it affected.

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According to judicial sources, Constitutional judges will debate the challenges on February 27.

The Romanian president previously challenged the bill on December 7, 2018. In his challenge, the president states that the bill exonerates military personnel from certain legal liability, thus also modifying their statute.

The head of state refers to a provision which exonerates workers from the Romanian Intelligence Service (SRI) or other issuing institutions from all legal liability, if they will make statements and documents regarding the 2005 decision available to the SRI parliamentary verification committee.

This comes after similar challenges were made by parliamentary opposition parties and the Romanian Supreme Court on November 20, 2018.

If the bill is enacted in its current form, the Supreme Defense Council decision no. 17/2005 will be declassified, while all of its still active legal effects will cease. Sentences in cases which used evidence “gathered through special technical means” will be made eligible for revision, while any individual who considers that his fundamental rights and liberties were violated in court cases judged while the act was in force will have three years to request a revision from competent bodies.

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