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June 27, 2022

Communications interception: PM Ciolos says emergency ordinance on surveillance is only a temporary solution

An emergency ordinance on communications interception is a temporary solution, Prime Minister Dacian Ciolos stated on Friday.

“It is important not to have a legislation vacuum from this point of view. (…) It is important not to interrupt the judiciary investigation process,” he explained.


JusMin Raluca Pruna: Government worked on Emergency Ordinance on wiretapping; it will be passed on Friday


Justice Minister Raluca Pruna said on Thursday that the Government worked on an Emergency Ordinance on wiretapping and on Friday evening, after the meeting of the Supreme Council for National Defence (CSAT), the Government would pass it.

“The Government has worked on an emergency ordinance, they have made it together with the prosecutor’s offices, the prosecution service, the Directorate for Investigating Organized Crime and Terrorism [DIICOT] and the National Anticorruption Directorate [DNA]. Tomorrow we will have a CSAT meeting and in the evening the Government will adopt this emergency ordinance,” Minister Pruna said at the Victoria Palace.

She added that Romania is today in the situation of not having other infrastructure in terms of wiretapping of communications than that of the Romanian Intelligence Service (SRI), and the solution is to use it and eliminate any human intervention from the SRI, with the exclusive intervention of the prosecutor and the judicial police.

In this context, the Government’s Spokesman Dan Suciu announced that a special Government meeting would be held on Friday evening on the wiretapping draft ordinance.


National Defence Supreme Council to hold meeting on Constitutional Court decision on phone tapping


The Presidential Administration confirms that the National Defence Supreme Council (CSAT) will meet Friday to discuss the decision of the Constitutional Court of Romania (CCR) on phone tapping.

According to the source, after the CSAT meeting, President Klaus Iohannis will hold a press conference.

The Constitutional Court of Romania (CCR) has ruled that no legal provisions in force, except for one article of the Criminal Procedure Code, expressly designate any state authority, other than the public prosecution and the specialized police officers, as authorized to intercept communications or enforce technical surveillance mandates.

The Court believes that relevant legislation can only be made via proper laws, not by normative acts with an administrative character, adopted by bodies other than the legislative authority, the CCR argued in support of its decision to rule that the phrase “other specialized state bodies”, included in the article regulating phone tapping, was unconstitutional.

The CCR plenum ruled on February 16 by majority vote that provisions included in the Code of Criminal Procedure ruling that technical surveillance requested by prosecutors can be made not only “by the criminal investigation body or specialized police staff”, but also by “other specialized state bodies”, was in breach of the Romanian Constitution.


Read more: http://www.nineoclock.ro/ccr-decision-to-forbid-tapping-conducted-by-sri-sparks-immediate-reactions-of-institutions-with-prerogatives-in-anticorruption-fight-intelligence-service-head-says-court-decision-ruling-impacts-secu/

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