ROMANIA COMPLIANCE REPORT

Romania has satisfactorily implemented or dealt satisfactorily with only two of the thirteen recommendations contained in the Fourth Round Evaluation Report of GRECO/Council of Europe. Four further recommendations have been partly implemented and seven have not been implemented.

Recommendation i.  (Not Implemented)

GRECO recommended that the transparency of the legislative process be improved (i) by further developing the rules on public debates, consultations and hearings, including criteria for a limited number of circumstances where in camera meetings can be held, and ensuring their implementation in practice; ii) by assessing the practice followed and accordingly revising the rules to ensure that draft legislation, amendments to such drafts and the agendas and outcome of committee sittings are disclosed in a timely manner, and that adequate timeframes are in place for submitting amendments and iii) by taking appropriate measures so that the urgent procedure is applied as an exception in a limited number of circumstances.

Recommendation ii. (Partly Implemented)

GRECO recommended (i) developing a code of conduct for the members of parliament and (ii) ensuring there is a mechanism to enforce [its rules] when it is necessary.

Recommendation iii. (Not Implemented)

GRECO recommended that measures be taken i) to clarify the implications for members of parliament of the current provisions on conflicts of interest independently of whether such a conflict might also be revealed by declarations of assets and interests and ii) to extend the definition beyond the personal financial interests and iii) to introduce a requirement of ad hoc disclosure when a conflict between specific private interests of individual MPs may emerge in relation to a matter under consideration in parliamentary proceedings – in the plenary or its committees – or in other work related to their mandate.

Recommendation iv. (Not Implemented)

GRECO recommended establishing a robust set of restrictions concerning gifts, hospitality, favours and other benefits for parliamentarians, and ensuring that the future system is properly understood and enforceable.

Recommendation v. (Partly Implemented)

GRECO recommended that i) an adequate assessment of the rules on incompatibilities, especially their consistency and their enforcement in practice be carried out so as to identify the reasons for the perceived lack of effectiveness, and to make the necessary changes; ii) that ways be found to accelerate and enforce the judicial decisions concerning incompatibilities.

Recommendation vi. (Not Implemented)

GRECO recommended the introduction of rules on how members of Parliament engage with lobbyists and other third parties who seek to influence the legislative process.

Recommendation vii. (Partly Implemented)

GRECO recommended that consideration be given i) to further increasing the data processing capabilities of the National Integrity Agency; ii) to strengthening its proactive approach in the monitoring of declarations of assets and interests

Recommendation viii. (Not Implemented)

GRECO recommended that the system of immunities of serving parliamentarians, including those who are also members or former members of government, be reviewed and improved, including by providing for clear and objective criteria for decisions on the lifting of immunities and by removing the necessity for prosecutorial bodies to submit the whole file beforehand

Recommendation ix. (Not Implemented)

 GRECO recommended that the parliamentary authorities establish for their members i) a system of counselling through which parliamentarians can seek advice on integrity matters and ii) provide dedicated and regular training on the implications of the existing and yet-to-be adopted rules for the preservation of the integrity of parliamentarians, including the future Code of conduct.

Recommendation x. (Dealt with in a satisfactory manner)

GRECO recommended that the Code of ethics for judges and prosecutors be complemented in such a way so as to offer proper guidance specifically with regard to conflicts of interest (e.g. examples and/or types), incompatibilities and accessory activities, impartiality and related areas (including notably the acceptance of gifts and other advantages, the conduct in private life)

Recommendation xi. (Partly Implemented)

GRECO recommended that the justice system be made more responsive to risks for the integrity of judges and prosecutors, in particular by i) having the Supreme Council of Magistracy and the Judicial Inspectorate play a more active role in terms of analyses, information and advice and ii) by reinforcing the role and effectiveness of those performing managerial functions at the head of courts and public prosecution services, without impinging on the independence of judges and prosecutors.

Recommendation xii. (Implemented satisfactorily)

GRECO recommended increasing the training and awareness-raising efforts with regard to integrity and the preventive components of anti-corruption policies, including for judges and prosecutors in exercise.

Recommendation xiii. (Not Implemented

GRECO recommended that the procedure for the appointment and revocation for the most senior prosecutorial functions other than the Prosecutor General, under article 54 of Law 303/2004, include a process that is both transparent and based on objective criteria, and that the Supreme Council of Magistracy is given a stronger role in this procedure.