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  Nr. 4149 de luni, 4 februarie 2008 
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The unconstitutionality of the rule of law
The issue emerging now in relation to the CNSAS (National Council for Research on the Communist Secret Service Archive) is very serious, if we approach it in terms different than those of domestic politics. A decision claiming that the institution is unconstitutional and therefore all its verdicts will be annulled delivers a hallucinating message to our European and Euro-Atlantic partners: from now on any fundamental state institution can undergo similar dissolution, given such an example.
The ensuing objection would be that the CNSAS is not such an institution or at least it is an institution not part in the system which I know and which is at work in consolidated democracies. This is so. But we are far from being a democracy consolidated for good, unfortunately. On the other hand, the CNSAS was that very kind of institution that scared everyone we wanted for future partners, at times when we decided we needed a national destiny different from membership to communism. It is for the very reason that we announced how serious gloomy and odious had been the communist oppression operating via the Securitate (Communist Secret Service in Romania): a dreadfully powerful weapon, efficient and omnipresent. For years on end did I tell everybody on every occasion that the only true chance for Romania's change was for it to get rid once and for all of the ex Securitate members web by denouncing and convicting all the murderers and by printing the famous records belonging to the Securitate.
We turned the fight against communism and the chasing of Securitate members into claims for the sake of which we wanted to be acknowledged, loved and respected. We went even further, authoring a true work of theoretical worth: Mr. Tismaneanu condemned communism and its oppressive instruments. The results were exceptional: first, the author was admitted in the Group for Social-Dialogue and secondly he was awarded. But the only ones who did their best were the CNSAS ones. Therefore apart from their judicial worth at national level, the research and decisions reached by the CNSAS were also the only message that something was indeed moving, not fast, not enough, but still moving. People were given the chance to recuperate some of their past and they could hope that the history of those dreadful years would become public, together with all the uneasy truths. But this was it! This is finished too.
But is the CNSAS the only institution targeted? Any foreign partner can ask this reasonable question, for this is about our initiatives' credibility and Romania's institutional credibility. Always surprising, Romania is making foolish moves each and every week, moves that cause unpleasant surprises just because they lack a wholesome approach our partners can recognize and identify with. Do you happen to fancy that Germany can provide a similar decision on the committees for research on the STASI records? Of course it can't.
Then why can they in Romania? Is it due only to our formidable fondness of scandal? Isnit there anyone to realize how much such incoherence can cost? We also live with an impression inherited from the communist autarchy times: what we do at home is our business and, after all, this is why the country is sovereign and independent, so that we can do whatever we please. But this isnit true. There is someone who judges according to these facts, which we display in sublime innocence.
If things go on this way, there is one single step left and the CNSAS example will be used to dismember any state institution, just any. If we don't like, then it must be unconstitutional. Let's have a lawyer look into it? If there are no more institutions left, it is very easy to claim one is pure and dry and one can ceaselessly move at ease.
Cristian UNTEANU 
A r h i v a
  Civil society protests to support CNSAS    
  Government stands by CNSAS    
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