Pahonțu's 2005 SPP Appointment Legally Questioned
Lucian Pahonțu was appointed as SPP director in 2005 without submitting a required declaration. Law 187/1999 mandated this declaration for public office appointments. Georgiana Iorgulescu argues the appointment should have been rejected by CSAT. The absence of this document raises legal questions, but no explicit sanction exists for Pahonțu's removal. Current legislation on intelligence services is outdated and lacks transparency.
Lucian Pahonțu's appointment as the director of the Protection and Guard Service (SPP) in 2005 has come under scrutiny due to the absence of a critical legal document. According to Law 187/1999, individuals assuming public office roles were required to submit a declaration confirming non-collaboration with the former Securitate. Pahonțu did not provide this declaration at the time of his appointment.
Georgiana Iorgulescu, a legal expert, stated that Pahonțu's appointment should have been rejected by the Supreme Council of National Defense (CSAT) due to the missing documentation. She emphasized, "Trebuia să fie respinsă în CSAT pentru lipsa documentelor cerute de lege." The lack of this document renders the appointment legally flawed, as a complete file is mandatory for such positions.
Despite the absence of the declaration, there is no explicit legal provision that mandates the removal of Pahonțu from his position. However, the President holds the authority to revoke his appointment due to the procedural irregularity.
Since 2006, the obligation to submit similar declarations was reinforced by OUG 16/2006, which required public officials to declare any past collaboration with the Securitate to their institution's head. The National Council for the Study of the Securitate Archives (CNSAS) has been responsible for verifying these declarations ex officio, regardless of submission.
The Romanian Parliament's Defense Committee has shown little interest in overseeing the SPP's activities, with no control reports published. While SPP's operational activities are classified as state secrets under Law 191/1998, other functions should be transparent to the public. Additionally, the legislation governing intelligence services is considered outdated and lacks clarity, particularly concerning the competencies and revocation of the SPP director.
An ORNISS security clearance certificate is required for the SPP director, and the SPP itself verifies its personnel for these certificates. The forms for ORNISS include questions about past collaboration with the Securitate.
Investigations by Recorder and Snoop have previously highlighted Pahonțu's alleged involvement in repressive actions during the Romanian Revolution, information likely known to CSAT at the time of his appointment.
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