Preliminary Analysis of the Legislative Context in the Integrity Field

Transparency International Romania is a partner in the project "NIAct - Updating legislation in the integrity field and providing support to authorities and declarants in the transition to digital declaration of assets and interests," carried out by the National Integrity Agency and the Ministry of Justice.

Within the NIAct project, one of the main activities involves the elaboration of a preliminary analysis of the legislative context in the integrity field.

The document is being developed collaboratively by experts from the three partners involved in the project: the National Integrity Agency, the Ministry of Justice, and Transparency International Romania. The analysis started from specific situations faced by institutions such as the National Integrity Agency, the courts, civil society, as well as individuals who are obligated to comply with the integrity framework. Such practical problems were documented through the analysis of ANI's case law, court jurisprudence, as well as the analysis of society's expectations and the needs of the public system.

The involved experts have inventoried all legal regulations in the integrity field related to incompatibilities, conflicts of interest, or unjustified assets. Additionally, an in-depth documentation was conducted based on ANI's case law regarding conflicts of interest, incompatibilities, and unjustified assets in three domains vulnerable to corruption phenomena: Education, Health, and Public Officials.

At the same time, existing good practices at European and international levels were analyzed, as well as international recommendations received by Romania within the CVM, as well as from GRECO, the Venice Commission, or UNCAC.

The National Integrity Agency is implementing the NIAct project in partnership with the Ministry of Justice and Transparency International Romania, from February 2022 to December 2023.

The general objective of the project is to inventory all normative acts and update the legal framework in the integrity field, addressing incompatibilities, conflicts of interest, and unjustified assets, as well as the asset and interest declaration system, based on the needs of stakeholders, supported by sociological analyses and research.

This project is co-funded by the European Social Fund through the Operational Programme for Administrative Capacity 2014-2020!