TRANSPARENCY IN THE EXERCISE OF PUBLIC FUNCTIONS AND PROTECTION OF PRIVACY: A BALANCE OF FUNDAMENTAL RIGHTS
TRANSPARENCY IN THE EXERCISE OF PUBLIC FUNCTIONS AND PROTECTION OF PRIVACY: A BALANCE OF FUNDAMENTAL RIGHTS

Summary/Abstract: This paper seeks to analyse the evolution of the legislative framework, as well as the case-law of the Constitutional Court of Romania and of the European courts, concerning the publication of declarations of assets and interests of dignitaries and holders of public office. The issue raises the need to strike a fair balance between two competing rights, namely the public’s right to receive information relating to the assets of dignitaries and holders of public office, and the right of those concerned to respect for their private life. In this context, the application of the proportionality test between the legitimate aim pursued—namely ensuring transparency in political life, integrity in the exercise of public office, and the fight against corruption—and the interference with the exercise of the right to respect for private life proves particularly complex, in the absence of a consistent and settled practice in the matter, as also evidenced by the recent case-law of the Constitutional Court of Romania.

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