The head of state pointed out the JHA decision is a European normative act and all EU member states had to transpose it into their national legislation by March 2007.
Basescu said Bulgaria has announced it adopted a law on the matter, which will take effect on January 1.
The head of state highlighted that, the JHA 2005/212 decision also refers to measures allowing authorities to confiscate illegally obtained property transferred to other entities.
Last week, Basescu pleaded for the implementation of measures enabling authorities to confiscate illegally obtained wealth alienated during criminal investigations to “deceive” authorities.
He said he will not eliminate from the draft revised Constitution the amendment regarding legally-obtained wealth. He highlighted he is determined not to renounce the proposition to eliminate from the Constitution the provision stating “wealth is presumed to have been obtained legally.”
Article 44 of the current Constitution, concerning “the right to private property” states (section 8): “Legally-obtained wealth may not be confiscated. Wealth is presumed to have been obtained legally.”
The draft revised Constitution eliminates the final part of the section, to read: “Legally-obtained wealth may not be confiscated.”
The Constitutional Court ruled unconstitutional certain provisions of the draft Constitution put forward by Basescu. The court held that a number of provisions were unconstitutional, including those concerning wealth presumed obtained legitimately, parliamentary and ministerial immunity and the membership of the High Council of Magistrates.