Transparency International Romania requests the Cabinet to forward to the Parliament a legislative proposal designed to correct the legislative prejudices regarding the organisation and the functioning of the National Integrity Agency with maximum responsibility so that the way the law is regulated will be in full accord with Constitutional provisions.
TI Romania stresses the necessity of the existence of an institution for the administrative combating of corruption by means of management and control of conflicts of interest and incompatibilities, as well as the necessity of the existence of a centralised and efficient control of the assets of the persons that hold and exercise public offices and titles. However, this component must be accomplished in full conformation to the European standards regarding jurisdictional – administrative procedures and individual rights protection, in order to avoid the risk of declaring null the results of the verification because of the possible flaws in the way cases are being instrumented by ANI.
The improper design of the mechanisms, or their improper use, has led in the past 10 years to the lack of efficiency of public policies regarding the prevention and the fight against corruption. Transparency International Romania has repeatedly drawn the attention to the necessity of viable instruments that should contribute to reducing the vulnerabilities in the public sector. In this line of thought, we request the Cabinet and the Parliament to use the opportunity of the new regulation in order to solve the vulnerabilities that have already been highlighted in the National Corruption Report, which has been released in September 2009. Among other vulnerabilities we would like to remind the secret nature of the procedure followed by the integrity inspectors during asset, incompatibility and conflicts of interest verification activities, which comes as an infringement to the European Convention on Human Rights and which can lead to the lack of obtaining results in the investigations that have been conducted. There has also been a recommendation from the National Integrity Council for declassifying this procedure, but the recommended measures have not been adopted.
TI-Romania requests the Cabinet and the Parliament to rapidly approach the necessary modifications that are required by the decision of the Constitutional Court on the 15th of April 2010, and to create the constitutional viability guarantees for the new regulations, as well as to assure the objectivity, impartiality and transparency nature of the way the institution works, and of the standards followed in the analyses and the verifications carried out by the National Integrity Agency.
The Board of Directors of Transparency International Romania
Tel: +40 213 177 170 sau +40 788 688 564
E-mail: iulia . cospanaru @transparency.org.ro