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No minister can be held accountable for drafting or adopting ordinances, CCR motivates decision on DNA-Gov't constitutional conflict

Authorities cannot restrict access to classified information if they are relevant in trials

The Constitutional Court of Romania (CCR) has admitted the National Anti-corruption Directorate (DNA) constitutional exception appeal, establishing that judges can admit classified in information if they help in finding the truth in a trial.

Prosecutors have filed this appeal after they have unsuccessfully tried to find information about the expense accounts of the Interior Ministry’s intelligence service, DGPI, in the file where former Interior minister Gabriel Oprea is charged with illegally using the institution’s funds.

The CCR ruling might also help prosecutors in the case of Bogdan Gigina, the traffic police officer who died while leading the motorcade of Oprea, as prosecutors have asked the ministry’s classified information as well.

The Constitutional Court ruled that the decision to deny access to classified information must always belong to a judge.

DNA has filed a constitutional exception against article 352, line 11 and line 12 from the Criminal procedure code.

The ruling is final and will be communicated to the two chambers of the Parliament, to the Government and to the court that notified the CCR over this issue, namely the Supreme Court.

About Alina Grigoras Butu