Horia Georgescu, former president of ANI, says that although the applicability of the CCR decision regarding asset declarations is formally limited to the future, its practical effects are immediate and profound.
„Dossiers currently in progress, including those pending before the courts for verifying assets, will be severely affected. The central mechanism used so far — the comparative analysis between income and expenses — becomes, in fact, unusable.
The elimination of the exhaustive declaration obligation of jointly held assets with the family and the exclusion of family members (spouse, children under maintenance) from evaluation empty the procedure of content and efficiency,” wrote Horia Georgescu on Facebook.
According to him, as a result, the National Integrity Agency will no longer be able to request documents and information about these individuals, drastically reducing the institutional investigative capacity.
„If even until now the asset control procedure presented structural deficiencies, following this decision, it becomes practically inoperative. This opens a major breach in the national architecture for protecting the integrity of public office.
It is relevant to mention that ANI has faced a similar crisis in 2010. However, back then there were viable legal alternatives and solid political support for remediation. Today, this support is lacking. And the principle of transparency — the legal and functional foundation of the National Integrity Agency — is severely compromised,” underlines the former president of ANI.
Horia Georgescu also states that the gravity of the situation goes beyond the legal realm.
„It is about Romania’s international credibility at a time marked by geopolitical uncertainty and internal political fragility. After the major setbacks in the relationship with the strategic partner, Romania risks losing its trust even in front of the European Union, just at a time when it seemed to be consolidating its status as a mature and predictable member state.
The accession to the OECD, where ANI was presented as an institutional model, is seriously jeopardized. At the same time, the negotiation and implementation of the PNRR — conditioned by clear commitments regarding good governance and public integrity — are affected. The strategic impact is significant, and the consequences are difficult to quantify at this time,” points out the former president of ANI.
### Decision of the CCR
The Constitutional Court of Romania (CCR) has decided that public officials and dignitaries are no longer required to include their spouses’ assets or incomes in their asset and interest declarations.
[Read more on SpotMedia](https://spotmedia.ro/stiri/eveniment/ccr-scoate-familia-din-declaratiile-de-avere-functionarii-scapa-de-obligatia-de-a-declara-veniturile-partenerului)
Additionally, the CCR declared unconstitutional the article of the law that stipulates the obligation to publish declarations on the National Integrity Agency’s website.
The decision is final, cannot be appealed, and becomes mandatory for all state institutions.
President Nicușor Dan reacted Thursday evening in a [message on Facebook](https://www.facebook.com/NicusorDan.ro/posts/1236482931161452?ref=embed_post), stating that „the surprising decision of the Constitutional Court is in contradiction with an essential principle of democracy — transparency in the exercise of public functions.”
[Reactions after the CCR decision](https://spotmedia.ro/stiri/eveniment/fostul-judecator-cristi-danilet-despre-efectul-deciziei-ccr-privind-declaratiile-de-avere-totul-e-aruncat-in-derizoriu)
[Read more on SpotMedia](https://spotmedia.ro/stiri/politica/nicusor-dan-despre-decizia-ccr-daca-legea-interzice-ani-sa-publice-o-sa-pun-declaratia-de-avere-pe-pagina-presedintiei)
[Explanations of the CCR regarding the decision on asset declaration](https://spotmedia.ro/stiri/eveniment/cum-explica-ccr-hotararea-despre-declaratia-de-avere-ani-poate-incalca-angajamentele-asumate-de-romania-in-ultimii-20-de-ani-in-lupta-impotriva-coruptiei)
He appreciates that „citizens’ access to information on the asset declarations of dignitaries is a guarantee of integrity and responsibility in the public space, and this principle must be firmly defended.”
„In case the decision’s reasoning identifies technical deficiencies within the current legislative framework, it is the responsibility of Parliament to promptly correct them,” added the president.