Romania faces a significant setback in its fight against corruption and public accountability after the Constitutional Court, the same court that annulled the first round of presidential elections last autumn, now ruled that public officials are no longer required to declare the assets and incomes of their spouses and dependent children. In a further blow to transparency, the Court also struck down the legal requirement to publish these asset and interest declarations on the National Integrity Agency (ANI) website, effectively removing public access to this crucial anti-corruption tool.
What the Constitutional Court Decided about Wealth Statements’ Transparency
In a unanimous decision, the Constitutional Court upheld objections of unconstitutionality against key provisions of Law no. 176/2010, which previously mandated that officials’ declarations include their family members’ assets and incomes. The Court reasoned that holding officials responsible for disclosing information about their spouses or children could be unfair, and that publishing these declarations online would infringe on their privacy rights.
As a result, from now on:
- Declarations submitted to ANI will exclude spouses’ and dependent children’s assets and incomes.
- The obligation to publish asset declarations online has been abolished.
- Only the declarations submitted to ANI will be retained, but without public or media access.
Reactions: Alarm Bells from All Sides
The ruling has triggered an outcry from political leaders, civil society, and anti-corruption watchdogs:
- President Nicușor Dan described the decision as “surprising” and contrary to democratic transparency.
- The National Integrity Agency (ANI) warned that the ruling jeopardises Romania’s 20-year commitment to anti-corruption, risks damaging relations with the European Union and the OECD, and undermines the country’s international obligations.
- Six prominent NGOs urged the Court to uphold public integrity standards, emphasising that transparency is a cornerstone of the rule of law.
- Investigative journalists and activists warn that the ruling “erases years of progress” and “opens the door to illicit enrichment and corruption.”
- Some politicians, including interim Social Democrat leader Sorin Grindeanu, pledged to continue publishing their own declarations voluntarily, defying the new secrecy.
What This Means for Romania
This decision effectively blinds the public and media to the financial interests of officials’ closest family members, creating a significant loophole for hiding wealth and illicit gains. Experts warn this could:
- Facilitate undeclared transfers of assets within families.
- Severely weaken the integrity framework designed to prevent corruption.
- Undermine public trust in government institutions.
- Jeopardise Romania’s ongoing efforts to join the OECD and maintain good standing with the EU.
Coming at a time when Romania’s democracy is already fragile—after the annulment of the 2024 elections and ongoing political tensions—this ruling sends a troubling signal. The public’s right to transparency and accountability is being curtailed just as the country faces economic and political challenges.
What’s Next?
Parliament will need to amend the legislation to align with the Court’s ruling, but pressure is mounting from civil society and international partners to restore transparency. Meanwhile, the National Integrity Agency will continue collecting declarations, but without public scrutiny, the effectiveness of these declarations is in serious doubt.