AG's Office says protocol with supreme court, intel agency expired in September 2012

The Attorney General's Office says the protocol it signed with the Romanian Intelligence Service (SRI) and the Supreme Court (ICCJ) expired on September 18, 2012 when the National Registry for Classified Information (ORNISS) issued a security accreditation certificate for the operation of an information and communication system established among the three signatory parties to the protocol.

"The protocol expired after reaching the purpose for which it was signed, namely on September 18, 2012, when the National Registry for Classified Information approved the documentation regarding the security accreditation of the system. ORNISS issued a certificate for security accreditation for the operation of the information and communication system created among the Romanian Intelligence Service - the Attorney General's Office and the Supreme Court of Justice," the Attorney Generals' Office said Monday in a press statement.

The statement argues that the procedure for declassifying the co-operation protocol concluded in 2009 was completed on June 14, 2018.

"The protocol aimed to express the agreement of the institutions on the creation of an information and communication system (CIS), so that the transmission of the documents regarding the issuance of the national security warrants, drawn up under Law 51/1991 on National Security and Law 535/2004 concerning the prevention of and the fight against terror may be performed in an electronic format. Given this context, the protocol had the legal nature of an agreement on the establishment of CIS prior to the accreditation of the system, a requirement imposed by the legislation on the accreditation of information and communication systems that convey state secrets. There have been no additional letters to extend the scope of co-operation or documents amending the protocol's content. At the same time, it did not concern the procedure and the responsibilities of the institutions regarding the authorisation of specific information gathering and the issuing of national security warrants, which were being regulated at the date of the protocol by Law 535/2004 on the prevention of and combat against terror, and, as from February 1, 2014 by Law 51/1991 regarding the national security," the statement reads.

The Attorney General's Office points out that in April it initiated the procedure for the declassification of all protocols concluded with the Romanian Intelligence Service, and the Ministry of Internal Affairs.

"These documents have ceased to be applicable because they became obsolete as a result of the Constitutional Court's ruling 51 / 2016 and the change in the legislative framework, or their effects ran out as a result of termination by the signatory parties. The Attorney General's Office sent the declassification agreement to the co-signatories, and at the time of the completion of the procedures, we will publicly communicate information on these protocols, namely the date of their conclusion, the date of declassification and the field of cooperation targeted by each of them. "