Constitutionalization of the Regulations on the Access to Personal Files and Disclosure of the Securitate as Political Police in Romania

International Conference on “Constitutional jurisdiction 20 years after the fall of the Communist Curtain” 2 October 2013, Bucharest, Romania

14 Pages Posted: 20 Mar 2014

See all articles by Tudorel Toader

Tudorel Toader

Faculty of Law, Alexandru Ioan Cuza University of Iaşi; Constitutional Court of Romania

Marieta Safta

Constitutional Court of Romania; Titu Maiorescu University - Faculty of Law

Date Written: October 2, 2013

Abstract

The fall of the Communist regime in Romania was marked by a broad legislative reform, for achieving the reconstruction of the State on democratic bases. Priorities were the adoption of the new Constitution, the regulation of the organization and functioning of the main institutions with a representative character, of the electoral matter, of the principles, organization and functioning of political parties, as well as of the mechanisms necessary for the functioning of the rule of law.

This process of reconstruction and reform has been accompanied by the preoccupation to ensure the correct information of citizens about the period of Communist dictatorship between 6 March 1945 and 22 December 1989 and, especially, about one of the most feared exponents of this one, the Securitate as political policy.

This study will examine the framework-legislation in this field and the process of constitutionalization of the laws, by highlighting the main decisions pronounced by the Constitutional Court and their effects.

Keywords: Communist dictatorship, Securitate, constitutionalization of the laws, Constitutional Court, National Council for the Study of the Securitate Archives

JEL Classification: K10

Suggested Citation

Toader, Tudorel and Safta, Marieta, Constitutionalization of the Regulations on the Access to Personal Files and Disclosure of the Securitate as Political Police in Romania (October 2, 2013). International Conference on “Constitutional jurisdiction 20 years after the fall of the Communist Curtain” 2 October 2013, Bucharest, Romania . Available at SSRN: https://ssrn.com/abstract=2411331 or http://dx.doi.org/10.2139/ssrn.2411331

Tudorel Toader (Contact Author)

Faculty of Law, Alexandru Ioan Cuza University of Iaşi ( email )

B-ul Carol I nr.11
IAŞI, 700506
Romania

Constitutional Court of Romania ( email )

Palatul Parlamentului, Intrarea B1, Calea 13
Septembrie nr. 2
Bucharest, sector 5
Romania

Marieta Safta

Constitutional Court of Romania ( email )

Palatul Parlamentului, Intrarea B1, Calea 13
Septembrie nr. 2
Bucharest, sector 5
Romania

Titu Maiorescu University - Faculty of Law ( email )

Strada Dâmbovnicului 22
Bucharest, 040441
Romania

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