Constitutionalization of the Regulations on the Access to Personal Files and Disclosure of the Securitate as Political Police in Romania

Abstract

The fall of the Communist regime in Romania was marked by a broad legislative reform, for achieving the reconstruction of the State on democratic bases. Priorities were the adoption of the new Constitution, the regulation of the organization and functioning of the main institutions with a representative character, of the electoral matter, of the principles, organization and functioning of political parties, as well as of the mechanisms necessary for the functioning of the rule of law.This process of reconstruction and reform has been accompanied by the preoccupation to ensure the correct information of citizens about the period of Communist dictatorship between 6 March 1945 and 22 December 1989 and, especially, about one of the most feared exponents of this one, the Securitate as political policy.This study will examine the framework-legislation in this field and the process of constitutionalization of the laws, by highlighting the main decisions pronounced by the Constitutional Court and their effects.