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The paper intends to analyze the issue of respecting the right to a fair trial in the situation where the effectiveness of the defence depends on documents containing classified information. There is a delicate issue regarding the vulnerability of guarantees of the right to a fair trial in order to ensure the right of defense, given that the parties' lawyers should have access to all the evidence in the file. Obtaining an ORNISS certificate is the solution offered by law, but to really get one can be problematic. Based on various situations occurred during the proceedings, the whole legal regime of classified information and its influence on the conduct of the trial, in the qualitative requirements of fairness imposed by the Constitution and the Convention for the Protection of Human Rights and Fundamental Freedoms, have been subject to the constitutional review exercised by the CCR. This article aims to summarize the case-law of the Constitutional Court, drawing the appropriate conclusions from it, in order to find the most efficient way to harmonize the need to protect the national security by classifying certain pieces of information with the right to access to public information and with the constitutional and conventional imperative of respect for the right to a fair trial. [ABSTRACT FROM AUTHOR]

In the current international environment, an effective implementation of national security objectives is to a great extent dependant on the ability of national governments to ensure the highest possible degree of confidentiality to information used in strategical, as well as tactical decisions. Ensuring security of information has been a conundrum for all international organisations seeking to reach varying degrees of coordination, cooperation or integration. As the most ambitious of all, thus far, the EU has raised the bar even higher, especially in terms of desired cooperation in defence and security, where the drive for integrated defence procurement takes centre stage. Consequently, the issue of sharing (classified) information between the Member States and their relevant authorities is of fundamental importance. Against this backdrop, this paper seeks to identify potential regulatory solutions for the management of classified information that would effectively contribute to the final objective of integrating defence and security procurement, as envisaged by the Defence Procurement Directive 2009/81/EC. An essential prerequisite in this respect is to determine what legal solutions could better serve this purpose, starting from normative instruments already implemented at various levels in the EU institutional mechanism. To this end, the paper is based on a two-phased theoretical approach: (1) the material segment - the characteristics of an effective integrated system for security of information (within the scope of defence procurement integration) and (2) the procedural segment - how to apply a potential solution at EU level (by what means). Ancillary research questions are aimed, first, at understanding the current state of play of the EU regulatory framework pertaining to handling classified information, in terms of granting security clearances to both individuals and legal persons (private, as well as public). [ABSTRACT FROM AUTHOR]

The current regulation on accessing classified information during criminal proceedings is clearly deficient. This fact creates major imbalances between the procedural rights and prerogatives of the various participants, which is reflected in their right to a fair trial. As such, it is necessary to recast the texts regulating the matter in order to extract the many vices of unconstitutionality, some of which being already found. [ABSTRACT FROM AUTHOR]

There are considered the prerequisites required as a prior condition for the timely establishment of an adequate level of the confidentiality of classified information to be included in future documents. For assigning the confidentiality stamp, it is suggested to use expert conclusions from remote sources and for relevant data processing relative to classification of expert estimations and its following aggregation it is proposed using the fuzzy inference. [ABSTRACT FROM AUTHOR]

This article presents the subject of European Union Classified Information (EUCI) exchange and handling within the realization of international research and technology projects. The acts and definition covering the legal framework for security information system in the EU are described in the first part. As a case study, the authors presented the SIRAMIS (Signature Response Analysis on Multi Influences Mines) European Defence Agency project, during which a wide range of the membership countries are required to create one common database for the exchange of information between each other. Post processed data unification should be based not only on common algorithms approved by all participants, but also strict rules for classified and sensitive information must be ensured. Furthermore, rules for personal security, facility security, risk level valuation and implementation of organizational matters are presented in this article, together with the physical security measures applied. All information was obtained from the data and dissemination process from the SIRAMIS research and the technology project progression. [ABSTRACT FROM AUTHOR]

A common understanding of activity regarding the protection of classified information based on standards and policies is critical. In this respect the classified information protection in electronic format (INFOSEC) plays a vital role. In general terms, information security means protecting information and information systems from unauthorized access, use, disclosure, disruption, modification or destruction. The terms as information security, computer security and information assurance are frequently incorrectly used. These fields are interrelated often and share the common goals of protecting the confidentiality, integrity and availability of information; however, there are some subtle differences between them. These differences cover primarily in the approach to the subject, the methodologies used, and the areas of concentration. Information security is concerned with the confidentiality, integrity and availability of data regardless of the form the data may take: electronic, print, or other forms. The paper describes the activity regarding the protection of classified information in electronic format (INFOSEC). The covered domains are as follows: Legal framework; Security classification for information; INFOSEC essentials; INFOSEC components. [ABSTRACT FROM AUTHOR]