The National Council for the Study of the
Securitate Archives
(CNSAS)
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The National Council for the Study of the Securitate Archives is the official authority in charge with the administration of the archives of the former intelligence service in Romania.
The major objectives of the National Council for the Study of Securitate Archives are: to ensure the free access of individuals to their personal files produced by the former |
intelligence service, Securitate, during the period of 1945-1989; to disclose the repressive actions of the former communist secret intelligent service in accordance with the rule-of-law principles; and to develop research and educational activities aiming at disseminating accurate historical information about the repressive actions of the Securitate and its consequences.
Legal framework: An overview
The National Council for the Study of Securitate Archives (CNSAS) was stated by the Law No. 187/1999 - Law concerning the access to the personal file and disclosure of the Securitate as political police. The Law No. 187 of December the 7th , 1999, was published in the Official Gazette of Romania No. 603, December the 9th, 1999, pp. 1-5.
Subsequent
• The Governmental Emergency Ordinance No. 149 of November 10, 2005 concerning the extension of the CNSAS’ activity published in the Official Gazette of Romania No. 1008, November 14, 2005, pp. 7-8.
• The Governmental Emergency Ordinance No. 16 of February 22, 2006 regarding the amendments to the Law No. 187/1999, published in the Official Gazette of Romania No. 182, February 27, 2006, pp. 1-8.
Decision No. 51/2008 of the Constitutional Court of Romania
On January 31, 2008, some 8 years after approving the Law No.187/1999, the Romanian Constitutional Court (RCC) found it unconstitutional. By Decision No. 51 of January 31, 2008, the Constitutional Court of Romania declared the Law No. 187/1999 as being unconstitutional.
Current legal framework
The current CNSAS’ activity is organized in accordance with the Governmental Emergency Ordinance No. 24 of March 5, 2008 concerning the access to the personal file and disclosure of the Securitate, published in the Official Gazette of Romania No. 182 of March 10, 2008.
Under the current legislation, the major CNSAS’ objectives are:
• To ensure the free access of Romanian or foreign citizens that are holding Romanian citizenship after 1945, as well as to any citizen of a North Atlantic Treaty Organization’s country or of an European Union member state, to their files devised by the former communist intelligence service and to any pieces of information and documents related to themselves;
• To disclose the names of the former Securitate officers that carried out repressive actions, as well as the names of the informal Securitate’s collaborators, who contributed to the completion of individual files by providing specific information;
• To develop research and educational programs aimed at providing timely and accurate information about the structure, methods and goals of the former communist intelligence service. Therefore, CNSAS publishes scholarly works and organizes conferences, seminars and exhibitions in order to disseminate knowledge on the repressive actions of Securitate and the sufferings its victims were subjected to. Romanian and foreign researchers have access to the CNSAS’ archival holdings after being accredited by the CNSAS Collegium.
CNSAS Collegium
The National Council for the Study of Securitate Archives is headed by an administrative board of 11 members - the CNSAS Collegium. The members of the Collegium are named by the Romanian Parliament for a 6 year mandate, as fallows: 9 members are named by the political parties according to their representation in the two chambers of the Parliament; one member is named by the President and one by the Prime Minister.
The main duties assigned to the CNSAS Collegium are:
• To supervise the files’ transfer and the other documents released by the Securitate from previous institutional holders to the CNSAS Archive;
• To appraise the classified Securitate files by means of joint commissions composed of members of the CNSAS Collegium and representatives of the actual institutional holders of such files. Where applicable, the CNSAS Collegium is entitled to ask for declassification of Securitate files.
• To analyze the Concluding Notes issued by the CNSAS Investigations Department resulting from ascertainments (ex officio or by request), and decide if the matter is to be taken to a court of justice or a decision of non/collaboration is to be issued;
• To coordinate the research and educational activities developed by the institution;
• To accredit Romanian and foreign researchers, who wish to carry out scientific research in the CNSAS Archive;
• To ensure cooperation and information exchange between CNSAS and similar institutions in East-Central Europe, as well as the collaboration between CNSAS and any other institution interested in researching the repressive actions carried out by communist regimes.
