Despre ministerele „de forță” și interpretarea legii. Cazul „informații clasificate” din Fondul Arhivistic Național
About the „ministries of enforcement” and the interpretation of the law. The case of the „classified information” from the National Archives

Summary/Abstract: Law nr. 182 of 12 April 2002 on the protection of classified information adopted with in view of the imminent integration into NATO and accession to the European Union, due to the necessity and obligation to harmonize the national legislation with their standards, provided from the very first articles (art. 3) that „No provision of this Law may be interpreted as meaning to limit access to information of public interest or to ignore the Constitution, the Universal Declaration of Human Rights, the Covenants and other treaties Romania is a party to, regarding the right to receive and spread information”.The law was followed by H.G. no. 585 of 13 June 2002 for the approval of the National Standards for the Protection of Classified Information in Romania which ignores that article, and allowed, on the one hand, the reclassification of some documents prior to the events of 1989 that were in the public domain, and, on the other hand, the destruction of other documents that should have entered the scientific domain. The bodies of the Ministry of Internal Affairs gave preference to the inferior normative act, abusively extending NATO norms to all historical documents deposited with the National Archives. The study analyzes the violation by the Ministry of Internal Affairs of the principle codified by Law 24/2000, in relation to all the normative acts invoked above.

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