Access to the protocols of the Protection and Guard Service
The judgments in case 69/83/2019: Satu Mare Tribunal orders SPP to disclose the unclassified protocols and specifically identify the classified ones, and Oradea Court of Appeal upholds the judgment.
- Period covered
- 2018–2019
- Stage recorded
- Final judgment
- Statement in the documents
- Civil Judgment No. 158/2019/CA, which became final through Decision No. 832/CA/2019-R of 21 October 2019.
- Outcome recorded
- Obligation to disclose copies of protocols concluded in the period 01.01.1990–01.12.2018 with the entities identified in the request sent on 11 December 2018, except for the classified protocols, which must be specifically identified.
The courts hold that the requester’s interest derives from the law, that a confidentiality clause does not justify refusal and that classified protocols must be specifically identified.
Documents in the case file
The dates below are those given in the published documents. Where the source specifies only the year, we retain that level of precision.
9 April 2019
Civil Judgment No. 158/2019/CA on access to SPP protocols
Allows the action and orders SPP to disclose copies of protocols concluded in the period 01.01.1990–01.12.2018 with the entities listed in the request, except for the classified protocols, which it must specifically identify.
21 October 2019
Decision No. 832/CA/2019-R on access to SPP protocols
Dismisses SPP’s appeal on points of law: the requester’s interest derives from the law, and protocols are exempt from disclosure only insofar as they fall within the categories of classified information.