FOR CHRISTMAS, I TOOK YOUR SHARE OF FREEDOM – ENACHE MARIAN, PRESIDENT OF THE CONSTITUTIONAL COURT

Refer to the public document on the website of the National Council for the Study of Security Archives, no. 2641/5.05.2009, which mentions, as public information, that file F.R. (network fund) 7259/Vaslui is no longer found in the archive of the Romanian Intelligence Service. This is despite the fact that the retention period in the Romanian Intelligence Service’s own archive is 40 years, calculated from the date of entry into force of Law No. 14/1992. The term expires in 2032, not in 2009.

We refer to Article 45 of Law No. 14/1992 on the organization and functioning of the Romanian Intelligence Service, published in the Official Gazette of Romania No. 33/3 March 1992:

„Internal documents OF ANY KIND of the Romanian Intelligence Service are classified as STATE SECRETS, are kept in its own archive, and may only be consulted with the approval of the director, under the terms of the law.

The documents, data, and information of the Romanian Intelligence Service may become public only after a period of 40 years has passed since archiving.

The Romanian Intelligence Service shall take over for preservation and use the archive funds concerning national security of the former intelligence bodies with competence on the territory of Romania.

The archive funds of the former Department of State Security, concerning national security, may only become public after a period of 40 years has passed since the adoption of this law.”

What is the state secret nature of the documents in the archive of the Romanian Intelligence Service, indicated in Article 45 of Law No. 14/1992?

We reference Article 15 of Law No. 182/12.04.2002, published in the Official Gazette of Romania No. 248/12.04.2002:

„For the purposes of this law, the following terms are defined as follows:
a) Information – any documents, data, objects, or activities, regardless of the medium, form, manner of expression, or circulation;
c) Classification levels are: state secrets and service secrets;
d) State secret information – information concerning NATIONAL SECURITY, the disclosure of which may prejudice NATIONAL SECURITY AND DEFENSE OF THE COUNTRY.”

How does the Romanian state, through the Romanian Intelligence Service and the Supreme Council for the Defense of the Country, contribute to the common foreign and defense policy of the European Union, as defined in Article 24 of the Treaty on European Union, when its own state secrets, which come to the knowledge of the President of Romania and the Romanian Intelligence Service, are lost from the mandatory archive, creating vulnerabilities in national security?

Who has the role of investigating in Romania, a member state of NATO, and of restoring state secret documents that pertain to national security but have been lost or destroyed without legal justification in the Official Gazette of Romania?

We refer to Article 24 of the Treaty on European Union:

„1. The Union’s competence in matters of common foreign and security policy shall cover all areas of foreign policy and all questions relating to the Union’s security, including the progressive framing of a common defense policy that might lead to a common defense.

The common foreign and security policy is subject to specific rules and procedures. It shall be defined and implemented by the European Council and the Council, acting unanimously, except where the Treaties provide otherwise. The adoption of legislative acts shall be excluded.

The common foreign and security policy shall be implemented by the High Representative of the Union for Foreign Affairs and Security Policy and by Member States, in accordance with the Treaties. The specific role of the European Parliament and the Commission in this area is defined by the Treaties. The Court of Justice of the European Union shall not have jurisdiction with respect to these provisions, except for monitoring compliance with Article 40 of this Treaty and reviewing the legality of certain decisions as provided for in Article 275, second paragraph, of the Treaty on the Functioning of the European Union.

2. Within the framework of the principles and objectives of its external action, the Union shall conduct, define, and implement a common foreign and security policy based on the development of mutual political solidarity among Member States, the identification of questions of general interest, and the achievement of an ever-increasing degree of convergence of Member States’ actions.
3. The Member States shall actively and unreservedly support the Union’s external and security policy in a spirit of loyalty and mutual solidarity and shall comply with the Union’s actions in this area. The Member States shall work together to enhance and develop their mutual political solidarity. They shall refrain from any action that is contrary to the interests of the Union or likely to impair its effectiveness as a cohesive force in international relations.

The Council and the High Representative shall ensure compliance with these principles.”

Questions that require clear, unequivocal answers.

Attachments: Certificate No. 2641 of May 5, 2009, and Minutes No. 19/May 5, 2009, of the National Council for the Study of Security Archives: dovezi distrugere secrete de stat in 2009