JUDGMENT No. 134 February 23, 2010

for the modification and completion of the governmental decision nr. 1,372/2009 concerning the establishment, organization and functioning of the Institute for the investigation of Communist crimes and the memory of the Romanian exile




Pursuant to article 1. 108 of the Constitution of Romania, republished,


The Government of Romania adopts this decision.


Art. I

Government decision No. 1,372/2009 concerning the establishment, organization and functioning of the Institute for the investigation of Communist crimes and the memory of the Romanian exile, published in the Official Gazette of Romania, part I, no. 802 November 25, 2009, is amended and shall be completed as follows:

  1. Article 2 shall be amended and shall read as follows:

"ART. 2

The Institute has as its purposes:

  1. management and analysis of), a rigorous and scientific manner, of the Communist regime in Romania, as well as its consequences, in direct collaboration with other State institutions, in the spirit of the constitutional values of democracy, rule of law and pluralism;
  2. b) supporting the establishment of educational and information mechanisms designed to promote, at the level of national and international public, the memory of the Communist period in the history of Romania and to encourage the development of a culture of freedom, democracy and the rule of law, by way of tribute to the victims of Communist Romania from dictatorship and totalitarian State mechanisms analysis;
  3. (c) to encourage research and development) of the scientific and advanced study in history of communism, critical and comparative methods and in accordance with international standards;
  4. d) collection, archiving and publication of documents relating to Romanian exile from the period 1940-1989. "
  5. Article 3 is amended and shall read as follows:

"ART. 3

(1) in order to achieve the goals referred to in art. 2, the Institute performs the following main tasks:

  1. the purpose of nature) and the effects of the totalitarian regime in Romania in the period 1945-1989, but this arrangement in memory and exile, and the post-Communist period;
  2. b) gathers, documents and testimonies with regard to all actions which have violated human rights and freedoms in the Communist regime. These data, documents and testimonies can be used by law enforcement of criminal investigation in their investigative actions;
  3. c) highlights intellectual sources in communist doctrine, training and practice thinking genealogy totalitarian, Communist Party structures before and after 1945, the former definition of institutional Security, as well as the repressive mechanisms of the system from Romania;
  4. d) examines how the organisation and functioning of all institutions responsible for the establishment and perpetuation of the Communist regime;
  5. e) identifies the rhetoric and propaganda of the Communist ideology in public areas of impact such as cinema, television, Visual Arts, music and other fields;
  6. f) analyses the significance of institutional events of the year and 1990, in the context of democratization, in particular those relating to the infringement of individual rights and freedoms;
  7. g) studying the influence and effect of the Communist ideology on policy planning during the period 1945-1989, in the areas of education, architecture, heritage and Visual Arts;
  8. h) examines the impact of short-term and long-term economic policies, social ecology and initiated by the Communist regime;
  9. I) identifies the ideological and network collaborations internationally promoted by the Romanian Communist Party and responsible for ideology and propaganda of totalitarian rule;
  10. j) analyse comparative, in light of the history of international communism, the data concerning the ideological censorship exercised during the period 1945-1989 army areas, culture and religion;
  11. k) bring to the attention of the public acts of violence, abuse and crimes committed by direct order of the Romanian Communist Party;
  12. It organizes exhibitions) memorials, book launches, debate on the location of the memory of communism in symbolic geography of Romanian culture;
  13. m) design, in collaboration with other public and private institutions in the country and abroad, temporary or permanent memorials, seeking to make it more well known map of the universe concentraţionar in Romania;
  14. n) carrying out studies and research in the country and abroad, to deepen knowledge of the phenomenon of the Romanian exile;
  15. a) acquires or receives as donations-any testimony, document of the times publication of former exile or about it;
  16. p) identifies, bring in the country and preserves the documents of the former exile, in original or copy, in whatever medium, scattered in different countries of the world;
  17. q) editing and re-editing the finances, printing and publication of memoirs, books, studies, articles, correspondence, photographic memory and video, document collections, photographic albums related to the former Romanian exile;
  18. r) organize meetings and seminars devoted to the exile and represents research in this field at national and international scientific meetings;
  19. s) constitute a deposit covering all publications, books, collections of magazines, newspapers, manifest and other documents of the former exile during the period 1940-1989;

, and others) constitute a point of reference and communication with people in the former exile who continued to remain abroad;

  1. t) supports the material, within the limits of the appropriations allocated by the budget, those institutions of the former exile who must remain abroad, as the Romanian presence active in those countries.

(2) for the purposes of carrying out the duties incumbent on him under paragraph 1. (1) the Institute may apply to the National Council for studying the Security Archives, as well as other authorities in order to obtain information, documents or documents in connection with its field of activity, in accordance with the law. "

  1. Article 4 shall be amended and shall read as follows:

"ART. 4

In order to accomplish its mission of managing memory the Communist regime in Romania, the Institute supports the conduct of the following activities:

  1. the scientific work conducted) supporting research into all sources and unpublished edite, books, newspapers, manuscripts, journals, and other documents related to the genesis and spread of Communist ideology in the Romanian space;
  2. b) conceiving and realization of collective work tools, papers, thematic encyclopedias, dictionaries, monographs, bibliographies and other necessary local and international context;
  3. c) capitalization of research results by publishing scientific papers, magazines, brochures, and book collections of electronic portals, books, and other work in the field, in Romanian language and in the main international languages, disseminated in print and/or electronic;
  4. d) initiation, establishment, development and support of collaborative and cooperative relationships with other units or departments of the Ministry of education, research, youth and sports of the Romanian Parliament, Presidential Administration, Romanian Academy, national archives, accredited universities in Romania and abroad, professional associations, as well as with other universities, institutes and research centers, local and international, that have a subject of common interest;
  5. It's own through acquisitions) the creation, Exchange and donation of a library on the history and the memory of Romanian and international communism and the Romanian exile;
  6. f) organizing seminars, congresses, seminars, round tables, summer schools, conferences and debates, national and international;
  7. g) granting of scholarships under the name that honors the disagreement with anti-communist, aimed at enhancing research into the history of communism at pre-university and university education level;
  8. h) offering advice and expertise in requiring public or private structures in the areas falling within the competence of the Institute;
  9. I valuated) annual report containing the main results of Research Institute. "
  10. After article 4 introduces a new article, article 4 ^ 1 with the following content:

"ART. 4 ^ 1

(1) the establishment of the General objectives of the Institute and to analyse the results obtained shall be carried out by a Scientific Council, composed of personalities of the academic world.

(2) the Scientific Council shall meet once a year and operates on the principle of equality members. The Scientific Council is convened in the presence of at least half plus one of its members.

(3) the Scientific Council is headed by a President, appointed by decision of the Prime Minister, for a period of 5 years, with the possibility of renewal of its mandate once.

(4) the Scientific Council belong to 14 members, appointed by decision of the Prime Minister, upon proposal of the President of the Scientific Council.

(5) the President of the Scientific Council shall ensure the promotion of the Institute's programmes and monitors the activity of scientific research and development thereof, internally and internationally.

(6) for the work of the Scientific Council Chairman filed, and its members shall not be remunerated. "

  1. Article 5 is amended and shall read as follows:

"ART. 5

(1) the Institute is led by an Executive President, with a term of 5 years, called and dismissed by decision of the Prime Minister.

(2) the President of the Executive Board shall credit the originator to tertiary and represents the Institute in dealings with third-party individuals and legal entities. In the exercise of his powers the President of the Executive Board shall issue decisions and orders.

(3) in its work, the Chairman of the Executive Board is assisted by a Steering Committee composed of Scientific Director, Department managers and the Scientific Secretary of the Council.

(4) the members of the Steering Committee are appointed and removed by order of the President of the Executive Board, on a proposal from the President of the Scientific Council.

(5) the Chairman of the Executive Board may delegate, in accordance with the law, a part of its tasks to one of the members of the Steering Committee.

(6) during the tenure of Chairman to his inability, Executive Secretary or in the case of vacantare, all its powers have been devolved to the Scientific Director of the Institute. "

  1. Article 6 is repealed.
  2. In article 7, paragraph (3) is amended and shall read as follows:

"(3) the structure of the chapters on stations of State functions and staffing structure is approved by order of the President of the Executive Board."

Art. (II)

Government decision No. 1,372/2009 concerning the establishment, organization and functioning of the Institute for the investigation of Communist crimes and the memory of the Romanian exile, published in the Official Gazette of Romania, part I, no. 802 November 25, 2009, with changes and additions made by this judgment, will the Republic, posing a new texts.






The Secretary general of the Government,

Dada Abel


Minister of labour,

family and social protection,

Mihai Constantin Seitan


Minister of public finance,

Sebastian Teodor Gheorghe Vlădescu


Bucharest, February 23, 2010.

Nr. 134.