The Constitutional Court has recognized Article 17 (1), (2) and (3) of the Customs Code to be constitutional, in so far as the customs body and the court may verify, when examining cases concerning access to information, the existence of a legitimate ground to restrict access to information used for customs purposes and may balance competing principles. The ruling comes after the article was challenged by lawyer Vitalie Zama, IPN reports.

Constitutional Court president Domnica Manole told a press briefing that the lawyer challenged the provisions according to which the Customs Service provides only general information, while not releasing more specific information to those who request it, with limited exceptions.

The Court held that the Customs Service has a duty not to disclose information related to the personal life, professional or commercial activities of individuals or legal persons. The Customs Service also has an obligation to prevent the commission of customs offenses and the task of conducting criminal investigations into offenses within its subject matter jurisdiction. Such material is classified.

At the same time, the Court held that the interdiction to disclose information may not be necessary in all cases. Judge Manole says that the confidentiality of information does not always have a greater weight than the need to ensure access to information. Each case must be analyzed separately and conclusions must be drawn by the officials of the customs body from whom access to this information is requested.

The ruling is irreversible, not subject to appeal, and takes effect upon publishing in the Official Gazette.