Transparency International Romania notes that Romania did not record real developments in the independence and stability of the judiciary or in the fight against corruption in its Cooperation and Verification Mechanism (MCC) report. Judicial pressures and lack of respect for the principle of independence remain the main sources of concern for the EC: "Independence of justice and institutional instability remain a source of concern," according to the findings of European Commission spokesman Mark Gray. are also made in the context of political interference at the level of the elections in the Superior Council of Magistracy.

The most important elements of progress retained by the Commission's Report are those on the "resistance of the anti-corruption institutions to pressure" and on the development of the efficiency in the activity of the anti-corruption institutions, but MCV does not emphasize the relationship between the increase of the phenomenon of corruption and the concrete results in the developed activity by the Anti-Corruption Agencies.

Although the European Commission points to progress in anti-corruption activity of Anti-Corruption Agencies, Government, Presidency and other institutional actors, Transparency International Romania considers that the assessment is insufficient and far too positive compared to the scale and extent of the corruption phenomenon in recent years. In a country where endemic corruption has continued since 2007 and the corruption phenomenon and its impact on state economic security has risen, it is hard to argue that anti-corruption agencies and other relevant institutional actors have been successful in fighting against this phenomenon.

In a society where estimates of injuries of unethical and corrupt practices (1) are around 11.5 million euros in recent years, we believe that in the face of corruption, the capacity or effectiveness of relevant institutional actors in the fight against corruption, and of tax evasion remains questionable. Out of a total of cases of economic fraud and corruption reported by the media, investigations were initiated for about 20% of them, and only about half were insured seizure measures to cover and ensure the recovery of the damage. In fact, the losses actually recovered in the last period amount to several million euro (2).

With a view to increasing public integrity and preventing corrupt practices, Transparency International Romania considers that the priorities to be addressed, together with the recommendations of the European Commission, by public authorities and institutions are:

    Introducing legislation to regulate the same legal and fiscal / financial regime to prevent situations where state-owned enterprises are administratively protected (bankruptcy, blocking of accounts, budgeting of debts to the budget, etc.), which leads to their constant devaluation under the umbrella of employees' social protection
    Introducing professional insurance for managers of institutions and public authorities in the event of fraud for the recovery of damage
    Introducing the mechanism of integrity pacts in public procurement and regulating the independent observer in public procurement procedures
    Formulation of an additional scoring system for the administrative capacity of bidders in procurement procedures for economic operators who voluntarily adopt enhanced compliance standards
    Introducing compliance and integrity certification mechanisms for public authorities and institutions as a condition for access to public budget sources
    Effective policies against "revolving doors"
    Appropriate financing of the justice system without which the new codes can not be implemented in compliance with the procedural guarantees of citizens and companies
    Full and immediate implementation of Open Data at the level of public administration

In order to restore citizens' trust in state institutions, they must be accountable to society and give all the necessary explanations for the accusations that are being brought instead of intimidating the non-governmental sector and the press. The duty of the state institutions is to be transparent, open and accountable without requiring the right to opacity or protection against criticisms of the nature of the guarantees offered to individuals.

Transparency of public institutions obliges credible responses to society and prohibits, in any rule of law and democratic society, opposition to discretionary action and lack of accountability to public opinion.

Transparency International Romania, is convinced that the public authorities and institutions will implement the recommendations of the MCV Report within the limits and meaning of the notions given in all EU states as democratic states without censoring the rights of citizens to demand accountability from any authority public for proven excesses or inefficiencies.

Victor Alistar,
Executive Director
victor.alistar @ transparency.org.ro

1 - Public Web Sources, Public Authority Reports, and Non Governmental Studies

2 - Preliminary Evaluation Report on the Implementation of the UN Convention Against Corruption 2013.

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Data publicare: 30/01/2013