Considering the recent adoption by the Romanian Parliament of the law transposing the 20 May 2015 EU Directive 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist, the President of the Conference with the President of the Expert Council on NGO Law of the Conference of INGOs of the Council of Europe call upon the President of the Republic to not promulgate this law and to start the procedure allowing to delete the problematic provisions from the Law and to ensure that Romania continues to fulfil its commitments not only to the European Union but also to the Council of Europe
The attached letter was addressed to the national authorities, during the examination process of the draft law par the Parliament, in order to draw their attention of the threats that the provisions of the law represent for NGOs and freedom of association in Romania.
The aim of the Law is undoubtedly an appropriate measure to fulfil Romania’s obligations as a Member State of the European Union. However, there are certain aspects of the Law that run counter to Romania’s obligations under Article 11 of the European Convention on Human Rights and its commitment to implement Recommendation CM/Rec(2007)14 of the Committee of Ministers to member states on the legal status of nongovernmental organisation in Europe. The conflict arises not from any requirement in the terms of the Directive but from the way in which the measure of transposition goes well beyond what is required by this measure of European Law.