RESOURCESIMPROVING ANTI-CORRUPTION POLICIES AND PRACTICES IN ROMANIA
Some considerations regarding the ways to improve the anti-corruption system in Romania
~ Draft Discussion Paper ~
The scourge of corruption has plagued Romania’s development for many years. With nearly universal public approval, powerful law enforcement tools have been deployed to fight it. However, without adequate checks and balances, powerful tools can be misused for personal or institutional gain, placing public trust and consent at grave risk. In order to preserve the anti corruption legal and practical anti corruption system against any potential type of abuse, we decided to organise this conference in view of ensuring continuing public acceptance of the vital importance of preventing and corruption combat for economic growth, social cohesion and social stability.
It should have been understood earlier that the fight against corruption cannot be applied using a common method.The methods should be chosen in line with the mental, political, historical and the economic past of that country. Moreover, we should take into account the ability of the institutions to comply with some balanced standards because, in most cases, a monitoring, active instruction and raising awareness procedure is needed. The Romanian State should understand as soon as possible that the only possibility to be, for example, part of the OECD prosperous club is to admit its former deficiencies in the fight against corruption process, for example, in the filed of cross-border corruption, and to enact an active programme of monitoring, raising awareness and institutional transparency.
At this moment, Romania has devised a whole system of fighting corruption as following:
1. The institutional system represented by the National Directorate of Anti – Corruption which is based on principles like Impartiality – Integrity – Efficiency. These principles hold DNA as a reliable structure.
Within its structure DNA has the following anti-corruption tools:
The services within DNA:
- The service that fights corruption acts which can influence the financial interests of the European Union ( with the branch for fighting assimilated corruption acts )
- The International Cooperation Service.
The international legal context for improving the anti-corruption Romanian practices:
- OECD study regarding the liability of the legal entity;
- Open Goverments Partnership where Romania is an Institutional Member;
- The International Conference Corruption and Financial Crimes, The Monitor of the Financial Flow;
- the OECD Anti – Bribery Network;
- the OECD Annual Integrity Forum.
2. The civil society environment is formed from a considerable number of NGOs whose main purpose is to improve the fight against corruption.
The most well – known NGOs in this area are the following:
- Institute for Public Policy;
- Legal Resource Center;
- Foundation for an Open Society;
- Association for Human Rights Defence – Helsinki Committee;
- Transparency International – Romania;
- Freedom House Foundation.
3. The legal framework made of the internal legislation and the European legislation.
The internal legislation:
- Law no. 78/2000 on preventing, detecting and punishing corruption
The European legislation framework made of Treaties and Conventions:
Treaties and Conventions that Romania is part of:
- The United Nations Convention against Corruption – Romania ratification /acceptance on the 9th of December, 2004;
- The treaty between Romania and the United States of America on legal assistance in criminal matters (signed in Washington, on April 26th, 1999);
- The European Convention dated on the 29th of May, 2000 ,regarding the legal assistance for criminal cause between the states that are members of the E.U. – the Decision of the Council no 2007/63/CE dated on 8th October, 2007;
- The European convention regarding the transfer of the criminal procedures adopted in Strasbourg on 15th May, 1972.
Treaties and Conventions that Romania wants to adhere:
- Convention on Combating Bribery of Foreign Public Officials in International Business Transactions – OECD
4. The monitoring program realized by different organizations that try to support the fight against corruption in Romania by underlying Romania’s deficiencies in this fight. The main purpose of these reports is to help Romania improve the legislative and institutional system and to upgrade the system according to the foreign principles. The foreign reports clearly states that the fight against corruption should be made through an effective, inclusive and multilateral cooperation.
For a better understanding we present you the most influential institutions in Romania’s improvement:
The reports of the Group of States against Corruption( GRECO ) belonging the Council of Europe:
Romania adhered to GRECO in 1999. Since then, Romania was assessed by GRECO for the first time in October, 2001 then in February, 2005 and in November, 2010. Relevant test reports and conformity reports.
We could easily understand from this reports that, although, in some sections Romania had good results, there are still major problems in handling accurately the anti-corruption fight and there is inability, in what regards the institutions, to apply the GRECO Recommendations.
OECD reports for Romania:
In addition to the positive results in implementing the competition law, the competition policy and the economic growth, there still remains the problem of the level of corruption in our country. Despite the fact that this problem was more efficiently handled, there are still debates about what other valid and valuable methods can be used in Romania’s fight against corruption.
The OECD analysis from 2014, states clearly that there is no successful case that can testify the efficiency of the anti-corruption methods.
This is due to a certain reticence or even implicit rejection to make a change, refuse that was preserved and conserved by the anti-corruption institutions.
Open Government Partnership reports:
Romania became member of the Open Government Partnership in 2011.This way, the fight against corruption became one of Romania’s top priorities.During the meetings were signaled deficiencies in the anti-corruption fight, through an open institutional dialogue and in collaboration with the civil society represented by the NGOs.
The Mechanism of Cooperation and Verification
ruled by European Commission regarding Romania corruption level and it’s positive contribution in the fight against corruption. (Starting with the1st of January , 2007).
Special thanks for the support provided by Lawyer Ana Maria MUNTEANU
Technical Secretariat of the Organising Consortium
C/o EUROLINK – House of Europe