Consideraţii privind controlul de legalitate exercitat asupra actelor reglementate de O.U.G. nr. 24/2008 privind accesul la propriul dosar și deconspirarea Securităţii
Considerations regarding the legality control exercised on the documents regulated under the Government Emergency Ordinance no. 24/2008 regarding access to personal files and the reveal of the Securitate (Security Department)
Author(s): Elena ZaineaSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: legal act; administrative notice of findings; subsequent act; legal status; the National Council for the Study of the Securitate Archives; access to file; compliance; opportunity;
Summary/Abstract: The article reviews the legal status of acts issued by the National Council for the Study of the Securitate Archives, as regulated by the Government Emergency Ordinance no. 24/20082 on the access to the personal file and the exposure of the former Securitate. This essentially relates to the notice of findings, whose legal status is not regulated by the said legal act. Establishing the legal status of this document and subsequent acts issued by the National Council for the Study of the Securitate Archives is particularly significant in regards to both the doctrine and the relevant legal compliance implications. In our opinion, the notice of findings is an administrative act, based on the arguments shown therein, which must be subject to recourse before an administrative court.
Journal: Revista de Drept Public
- Issue Year: 2016
- Issue No: 03
- Page Range: 96-105
- Page Count: 10
- Language: Romanian
- Content File-PDF