PRESS RELEASE, 14 September 2021

At the hearing of 14 September 2021, the Constitutional Court, in the context of the review of laws after promulgation, unanimously, upheld the exception of unconstitutionality and found that the provisions of the first sentence of Article 58 (4) of Law No 360/2002 regarding the Status the Police Officer were unconstitutional, in the version prior to amendment by Government Emergency Ordinance No 53/2018 amending Law No 360/2002.

The provisions [first sentence of Article 58 (4) of Law No 360/2002] found to be unconstitutional are worded as follows: “The police officer under investigation shall have the right to be assisted, on request, by another police officer, chosen by him or designated by the trade union or professional body, in compliance with the legal provisions on the protection of classified information. Failure to comply with the conditions for access to classified information or failure by the police officer chosen/appointed to appear shall not constitute grounds for postponing the disciplinary investigation procedure”.


The decision is final and generally binding.

The arguments set out in the grounds for the decision of the Constitutional Court will be set out in the decision, which will be published in the Official Gazette of Romania, Part I.

External Relations, Press and Protocol Department of the Constitutional Court