Romanian Integrity Agency Mixes Up Probing, Judgment Powers - Constitutional Court

In the grounding note for its ruling last week, the Constitutional Court said the report drafted by integrity inspectors, which states whether part of a person's wealth has been illegally gained, is similar to a standard indictment, with regard to legal effects. On the basis of the report, the Agency notifies criminal investigators, who ascertain whether there is evidence pointing to criminal activity.

However, the Constitutional Court calls attention to certain activities carried out by integrity inspectors, which are jurisdictional in nature, thereby creating confusion between investigation and judgment. The Agency is able to decide that part of a person's wealth has been gained illegally and to order that it be confiscated, when this power should lie solely with the courts.

Also, the Constitutional Court said that an integrity inspector's power to request the seizing of a person's assets breaches the provisions of article 44 sections 8 and 9 of the Constitution, which read "legally gained wealth may not be confiscated. The acquisition's legal nature is presumed," and "goods destined for, used in or resulting from criminal activity may only be seized in accordance with the law."

The Constitutional Court ruled on April 14 that several provisions of the Law on the running of the National Integrity Agency are unconstitutional.

The Court also said in its motivation Thursday the publication of public officials' wealth statements breaches their right to a private life and said the agency's role, as regulated by law, doesn't apply the presumption of innocence and forces the people investigated to bring in evidence proving their innocence.

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