NOI DEZVOLTĂRI ALE JURISPRUDENŢEI CURŢII EUROPENE A DREPTURILOR OMULUI REFERITOARE LA COLABORAREA CU FOSTA SECURITATE. CAUZA CATALAN CONTRA ROMÂNIEI
NEW DEVELOPMENTS IN THE ECHR CASE LAW REGARDING THE COLLABORATION WITH THE FORMER SECURITY SERVICES. THE CATALAN V. ROMANIA DECISION

Summary/Abstract: The present article analyses issues regarding freedom of expression in connection to access to Security Services files, taking into account ECtHR’s latest decision in Catalan v. Romania. The study discusses the implications of the aforementioned judgment relating to the conduct of a CNSAS employee publicly revealing information obtained from Security Services files. Taking into account the position of the CNSAS and that of the employee (public servant), due consideration is given to the public interest of being informed about Security Services files in relation to the duty of discretion of civil servants and the risk of disclosure of confidential information. In conclusion, the author reveals his personal evaluation of the ECtHR’s decision, with a focus on the role of CNSAS in treating and analyzing Security Services files and the impact of public service obligations (especially those of a CNSAS employee) on the exercise of freedom of expression. Last, but not least, the author refers to the new CNSAS legislation, not yet scrutinized by the ECtHR.

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