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| THE VERIFICATION OF THE DIGNITARIES' ASSETS 23/04/2010 |
| (2010-04-23) |
| Last updated: 2010-04-26 13:49 EET |
“It creates confusion, runs counter to the presumption of innocence principle and violates people's privacy”; this is how the daily paper Romania Libera sums up the criticism levelled on the law by the Constitutional Court. Moreover, the Court has also denied Government the possibility to issue an emergency ordinance to bring the National Integrity Agency back in line with the Constitution. The Court further argues that it is the agency inspectors who must prove the illegal nature of the assets in question and not the people under investigation, as has been the case so far, which violates the principle of the presumption of innocence.
On the other hand, the Constitutional Court believes the task of the National Integrity Agency to inform the Prosecutor's Office and require the seizure of illegally acquired assets creates confusion between the functions of investigation and passing judgement. Finally, the constitutional judges also believe that the publication of wealth declarations violates privacy rights, so that these documents will no longer be made available to the public, at least not in the coming period. The Constitutional Court ruling has stripped the National Integrity Agency of some of its most important responsibilities. It is now the Parliament's duty to revise the law concerning the Agency and address the issues deemed unconstitutional.
At a meeting with president Traian Basescu, the head of the European Commission, Jose Manuel Durao Barroso, said he was worried about the future of the National Integrity Agency. The Agency needs a stable legal foundation to ensure its full independence and has to be able to conduct the necessary investigations, said Barosso. In his opinion, Bucharest must press ahead with the reform of the judiciary and the fight against corruption. President Basescu assured Barroso that Romania would stand by its commitments to create a functional integrity agency to verify the dignitaries' assets and the origin of their financial resources.
The creation of the National Integrity Agency was, in fact, one of the conditions for Romania's entry into the European Union. The good functioning of the agency will influence Brussels' evaluation of the state of the Romanian legal system.
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