Constitutional Court decision under criticism

Constitutional Court decision criticized

Bogdan Matei, 30.05.2025, 13:50

The Constitutional Court of Romania (CCR) is probably the most disliked, but also the most feared institution in Romania. Its decisions are often vehemently criticized in the public space. But legally, they cannot be changed by any other court. And on Thursday, the Court decided that the declarations of assets and interests of dignitaries should no longer be published on the website of the National Integrity Agency (ANI) or on the online pages of other public institutions. Moreover, the declarations should no longer include the income and assets of spouses and children. The CCR judges reached this decision, which is final and binding, following a complaint made six years ago by an advisor to the Ombusdman. The advisor had received a fine from ANI for not including her husband’s income in the declaration of assets, which she said was confidential.

According to ANI, ‘the CCR decision nullifies the public nature of declarations of assets and interests and may violate all the commitments made by Romania at international level in the last 20 years regarding the fight against corruption and the  assurance of integrity in public office. At the same time, such a decision may affect the process of accession to the OECD, the progress recorded by Romania within the monitoring exercises at the level of the European Union (Rule of Law Report) or the Council of Europe (Group of States against Corruption – GRECO)’.

Romania’s new president, Nicuşor Dan, says that the Constitutional Court’s decision on asset declarations is ‘in contradiction with an essential principle of democracy – transparency in exercising public functions’. The head of state recalls that ‘citizens’ access to information on the asset declarations of dignitaries is a guarantee of integrity and responsibility in the public space, and this principle must be firmly defended’. He also argues that, ‘if the motivation of the decision identifies technical deficiencies in the current legislative framework, it is the responsibility of Parliament to promptly correct them.’

Voices from the parliamentary parties in Bucharest have also disapproved of the decision of the Constitutional Court judges. The interim leader of the Social Democratic Party (PSD), Sorin Grindeanu, promises to continue publishing his wealth declarations, including his wife’s income. MEP Georgiana Teodorescu from the Alliance for the Union of Romanians states that the Court’s decision on the secrecy of wealth declarations is ‘scandalous, undermines years of efforts for transparency and integrity in public life” and can be translated into ‘giving the green light to using public money, without a trace of control’. The interim president of the Save Romania Union (USR), Dominic Fritz, proposes a rapid revision of the legislation and supports a reform of the ANI and the National Agency for Fiscal Administration (ANAF), so that they use technology to verify the wealth of dignitaries ‘automatedly and correctly’. (LS)