O himeră și un abuz legislativ. Documentele clasificate în cadrul Fondului Arhivistic Național
A Pipe Dream and a Legislative Abuse. Classified Records and the National Archivist Fonds

Summary/Abstract: This article aims to offer a perspective of National Archives of Romania evolution in the past two decades. The essay analyzes the history of classified records laws and regulations in this period, around the role of National Archive as a memory office. The study questions the theory that was imposed by the archives act no. 16/1996, that the National Archive is the only Romanian agency that deals with the public archives. The author believe that we need to reshape this theory, in order to integrate the mutations in our modern society. Also, it offers a perspective on the accessibility to the historical records of the organizations, specifically the classified records. Between state secrecy legislation and the archivistic one it is a great opposability. Also, it is a misunderstanding between the organisations who are dealing with the official secrecy, both SRI and DGIPI, and the National Archives concerning the classified information. Open records on official decisions are importants for the public information and to maintain democratic values. For more than 30 years, National Archives repositorys could not receive the classified records that are part of national archivist fonds. There are more causes of this reality. SRI and DGIPI coordinates the public organisations who create classified records and they insist to destroy those records after they are no longer sensitive. Adverse legislation to the archives act, like HG 585/2002, create an important issue for the free access to the classified records of the public organizations. It is also a very strong debate on the role of these records, who are already free for the public access in National Archives, to be removed from the research. The debate on the legal background of the public archives should not be ignorant of European model, of Romanian competitive legislation on classified records and, also, of institutions that produces informations that are part of national archivist fonds without any rules or professional control.

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