State-secret status applies to documents, records, information, activities, things and places whose disclosure may seriously damage the fundamental interests of the State.

This involves an act of State which may be ordered solely by the President of the Council of Ministers as head of the executive.

As far its effects are concerned, State-secret status:

• prevents Judicial authorities from obtaining and using information to which such status is applied
• differs from secrecy classifications (whose attribution involves an administrative procedure) which may not be invoked before Judicial authorities

As to the importance of the effects, the law envisages limitations for the President of the Council of Ministers to exercise such powers:

• objective limitations: State-secret status may not be applied to information regarding acts subverting the constitutional order (Law no. 801/1977 already included this provision), acts of terrorism, crimes of massacre, mafia-type criminal association, and buying of votes (these offences were introduced by Law no. 124/2007)
• oversight system: the President of the Council of Ministers must communicate the istances of confirmation of the application of State-secret status to the COPASIR - Parliamentary Committee
• time limits: the duration of State-secret status is no longer unlimited, but it is now 15 years, which can be further extended by the President of the Council of Ministers. Total duration may not exceed 30 years

Law 124/2007 envisages that if the invocation of the State-secret status results in a conflict with judicial authorities, the Constitutional Court will decide the case, as State-secret status may not be invoked before the Constitutional Court.