The Constitutional Court of Romania (CCR) has explained that the legal obligation to publish asset and interest declarations on the website of the National Integrity Agency (ANI) violates the right to private life, according to the reasoning of a decision published on June 11. The decision was issued on May 29 and prompted protests from civic organisations.

The Court argued that the mandatory disclosure of personal and family wealth, particularly through online publication, disproportionately infringes on privacy rights. It also questioned the fairness of requiring public officials to declare the income and assets of their spouses and children, noting that this effectively imposes liability on individuals for information they may not possess or control.

According to the ruling, "the obligation to declare not only one's own rights and obligations, but also those of one's spouse implies the assumption of personal liability of the declarant for information that he or she does not possess."

As a result, the Court concluded that declarations of assets and interests should no longer be published on ANI's website or on the websites of other public institutions. Furthermore, the declarations should no longer include details on the income and property of spouses and dependent children.

The decision significantly alters Romania's public transparency framework, particularly regarding anti-corruption monitoring. 

The Court's ruling is final and binding. It will require legislative amendments to bring existing laws in line with the new constitutional interpretation. It remains unclear how the changes will affect ongoing investigations or future efforts to track public officials' financial disclosures.

iulian@romania-insider.com

(Photo source: Inquam Photos/Octav Ganea)