Commission Report 2002 (Romania)

anti-corruption measures

Surveys indicate that corruption remains a widespread and systemic problem in Romania that is largely unresolved. Despite a legal framework that is reasonably comprehensive, and which has been expanded over the last year, law enforcement remains weak. New institutional structures have been created but are not yet fully operational. A further development has been the adoption of a National Plan and Programme for the Prevention of Corruption.

Corruption remains a common aspect of commercial operations but is also widely reported in dealings with public bodies as well as at the political level. Such high levels of corruption undermine economic development and erode popular trust in state institutions. Independent observers have concluded that there has been no noticeable reduction of corruption during the reporting period. A total of 343 persons were convicted for corruption in 2001, marginally more than in 2000 but fewer than in 1999.

The National Plan for the Prevention of Corruption was adopted in October 2001, along with the National Programme for the Prevention of Corruption. The two instruments establish target dates for the ratification of the international legal instruments related to fighting corruption, aim to complete the existing legal framework, set out plans for elaborating sectoral strategies for fighting corruption, and promote Romania`s active participation in international anti-corruption programmes. These are important developments and ensuring their implementation should be a priority.

The major institutional development over the period was the setting up of the National anti-Corruption Prosecutor`s Office (NAPO). This new body replaces the existing anti-corruption section of the General Prosecutor`s Office. The National Office only investigates corruption cases involving sums over EUR 100 000 and relating to high-ranking officials. NAPO also has regional branches attached to each of the 15 Courts of Appeal. These branches handle corruption cases that fall outside NAPO's competence. Countrywide, and when fully staffed, NAPO will have 75 prosecutors, 150 judicial police officers, 35 financial experts, 50 auxiliaries and 10 administrative positions.

NAPO`s activities are co-ordinated by the General Prosecutor of Romania and the office is headed by a specially appointed chief prosecutor. The NAPO chief prosecutor is formally appointed by the President of Romania, in accordance with a decision by the Superior Council of the Magistracy. This decision is in turn based upon a shortlist of names proposed by the Minister of Justice. The other prosecutors are appointed by the Minister of Justice, in accordance with recommendations made by the head of NAPO. The same procedure applies for revoking prosecutors` mandates.

The considerable role played by the Minister of Justice in this process could undermine NAPO's independence - a situation which may compromise the effectiveness of its investigations. Measures should be taken to strengthen the autonomy of the Office through a better definition of the status of the prosecutors, in particular the status of the chief prosecutor, and by giving prosecutors guarantees for permanence in office.

The new body enjoys largely the same legal powers as the previous (and ineffective) anti-corruption structures. The major innovations are the division of powers between NAPO and its regional branches and the fact that provision is made for a large number of expert posts. The ability to fill these posts will be a major test of the Government`s commitment to this initiative, as previous anti-corruption bodies have been severely understaffed.

Despite the establishment of NAPO, overlapping and unclear institutional arrangements (between the Financial Guard, the Control Office of the Prime Minister and the police) when investigating corruption remains a serious problem.

There were several legislative developments during the reporting period. The Council of Europe`s Civil Law Convention on Corruption was ratified in April 2002, the Criminal Law Convention on Corruption in July 2002, and the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime in August 2002. In October 2001 a law on free access to information of public interest was adopted. This law should play a major role in increasing transparency and thereby reducing corruption - although implementation has proved to be slow and inconsistent. A further step towards reducing corruption has been the development of public procurement through electronic tenders. It remains to be seen whether these measures will lead to any noticeable reduction in levels of corruption.

No progress has been made in making the funding of political parties more transparent or in addressing potential conflicts of interest of politicians and civil servants.

The concept of criminal liability of legal persons still needs to be introduced into Romanian Penal Code. Further secondary legislation is also needed to fully implement the 2000 anti-corruption law.

Romania is involved in the Stability Pact anti-corruption Initiative sponsored by the OECD Secretariat, and participates in the Council of Europe's Group of States against Corruption (GRECO).

As a member of GRECO, Romania received an expert mission in October 2001. According to the evaluation report that was adopted in March 2002, successive Romanian governments have been concerned by the problem of corruption, and have made efforts to prevent and combat it. However, the undoubted reality of corruption in Romania is all the more worrying because the institutions most involved in fighting corruption, including the police and the judiciary, are also affected by the phenomenon. In conclusion, GRECO addressed specific recommendations to Romania, which it is strongly encouraged to follow-up.

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