ADMINISTRATIVE PROCEDURES ON FIGHT AGAINST CORRUPTION National Integrity Agency - ROMANIA ADMINISTRATIVE PROCEDURES ON FIGHT AGAINST CORRUPTION National

ADMINISTRATIVE ADMINISTRATIVE PROCEDURES ON FIGHT PROCEDURES ON FIGHT AGAINST CORRUPTIONAGAINST CORRUPTION

National Integrity Agency - ROMANIANational Integrity Agency - ROMANIA

ADMINISTRATIVE ADMINISTRATIVE PROCEDURES ON FIGHT PROCEDURES ON FIGHT AGAINST CORRUPTIONAGAINST CORRUPTION

National Integrity Agency - ROMANIANational Integrity Agency - ROMANIA

www.integritate.euwww.integritate.eu PAGE PAGE 11

NANATIONAL INTEGRITY AGENCYTIONAL INTEGRITY AGENCY

Mrs. Anamaria ANGHELESCU, Head of Office – Integrity inspection

Mrs. Mihaela IONESCU – Integrity inspector

Mrs. Anamaria ANGHELESCU, Head of Office – Integrity inspection

Mrs. Mihaela IONESCU – Integrity inspector

GENERAL DATA GENERAL DATA GENERAL DATA GENERAL DATA



NATIONAL NATIONAL

INTEGRITY AGENCYINTEGRITY AGENCY(A.N.I.)(A.N.I.)

NATIONAL NATIONAL INTEGRITY AGENCYINTEGRITY AGENCY

(A.N.I.)(A.N.I.)

MAIN COMPETENCES OF THE AGENCY MAIN COMPETENCES OF THE AGENCY MAIN COMPETENCES OF THE AGENCY MAIN COMPETENCES OF THE AGENCY



PERFORMING ITS ATTRIBUTIONSPERFORMING ITS ATTRIBUTIONSPERFORMING ITS ATTRIBUTIONSPERFORMING ITS ATTRIBUTIONS



A.N.I. HAS ACCESS TO ALL DOCUMENTS/ RECORDS A.N.I. HAS ACCESS TO ALL DOCUMENTS/ RECORDS FROM PUBLIC AUTHORITIES OR ANY OTHER FROM PUBLIC AUTHORITIES OR ANY OTHER PUBLIC OR PRIVATE PERSONSPUBLIC OR PRIVATE PERSONS

within maximum within maximum 30 WORKING DAYS30 WORKING DAYS after the institution’s official requestafter the institution’s official request

Within the entities in which persons areWithin the entities in which persons arerequired to submit in accordance with law,required to submit in accordance with law,wealth statement and declaration of interests, there will be designated persons wealth statement and declaration of interests, there will be designated persons responsible to ensure the implementation of legal provisions in regard to the wealth responsible to ensure the implementation of legal provisions in regard to the wealth statement and declaration of interestsstatement and declaration of interests..

FAILURE TO RESPOND TO THE REQUESTS OF THE AGENCYFAILURE TO RESPOND TO THE REQUESTS OF THE AGENCY is punishable by is punishable by CIVIL FINE CIVIL FINE OF LEI 200 FOR EACH DAY OF DELAYOF LEI 200 FOR EACH DAY OF DELAY..

A.N.I. HAS ACCESS TO ALL DOCUMENTS/ RECORDS A.N.I. HAS ACCESS TO ALL DOCUMENTS/ RECORDS FROM PUBLIC AUTHORITIES OR ANY OTHER FROM PUBLIC AUTHORITIES OR ANY OTHER PUBLIC OR PRIVATE PERSONSPUBLIC OR PRIVATE PERSONS

within maximum within maximum 30 WORKING DAYS30 WORKING DAYS after the institution’s official requestafter the institution’s official request

Within the entities in which persons areWithin the entities in which persons arerequired to submit in accordance with law,required to submit in accordance with law,wealth statement and declaration of interests, there will be designated persons wealth statement and declaration of interests, there will be designated persons responsible to ensure the implementation of legal provisions in regard to the wealth responsible to ensure the implementation of legal provisions in regard to the wealth statement and declaration of interestsstatement and declaration of interests..

FAILURE TO RESPOND TO THE REQUESTS OF THE AGENCYFAILURE TO RESPOND TO THE REQUESTS OF THE AGENCY is punishable by is punishable by CIVIL FINE CIVIL FINE OF LEI 200 FOR EACH DAY OF DELAYOF LEI 200 FOR EACH DAY OF DELAY..

INTER-INSTITUTIONAL PROTOCOLSINTER-INSTITUTIONAL PROTOCOLSINTER-INSTITUTIONAL PROTOCOLSINTER-INSTITUTIONAL PROTOCOLS



Enforcing legislative provisions related to the assessment of assets and interests disclosuresEnforcing legislative provisions related to the assessment of assets and interests disclosuresEnforcing legislative provisions related to the assessment of assets and interests disclosuresEnforcing legislative provisions related to the assessment of assets and interests disclosures



A.N.I. represents only a part from A.N.I. represents only a part from a wider and complex process a wider and complex process of enforcing the legislative of enforcing the legislative provisions referring to the submission and control of wealth and interests statements: provisions referring to the submission and control of wealth and interests statements:

A.N.I. represents only a part from A.N.I. represents only a part from a wider and complex process a wider and complex process of enforcing the legislative of enforcing the legislative provisions referring to the submission and control of wealth and interests statements: provisions referring to the submission and control of wealth and interests statements:

Prosecutor’s Offices Prosecutor’s Offices Law CourtsLaw CourtsDisciplinary Disciplinary

commissions within commissions within

public institutions public institutions

Commissions of Wealth Commissions of Wealth

Investigation attached Investigation attached

to Courts of Appeal to Courts of Appeal

Tax Bodies Tax Bodies

CONFLICT OF INTERESTS AND INCOMPATIBILITIESCONFLICT OF INTERESTS AND INCOMPATIBILITIESCONFLICT OF INTERESTS AND INCOMPATIBILITIESCONFLICT OF INTERESTS AND INCOMPATIBILITIES



CONFLICT OF INTERESTSCONFLICT OF INTERESTS represents the circumstances in which a person exercising a public dignity or a represents the circumstances in which a person exercising a public dignity or a public position has a personal interest of patrimonial nature, which could influence the objectivity in public position has a personal interest of patrimonial nature, which could influence the objectivity in fulfilling its tasksfulfilling its tasks. .

INCOMPATIBILITINCOMPATIBILITYY represents a legal prohibition under which a person may not hold simultaneously two represents a legal prohibition under which a person may not hold simultaneously two functions which by their nature exclude each otherfunctions which by their nature exclude each other..

CONFLICT OF INTERESTSCONFLICT OF INTERESTS represents the circumstances in which a person exercising a public dignity or a represents the circumstances in which a person exercising a public dignity or a public position has a personal interest of patrimonial nature, which could influence the objectivity in public position has a personal interest of patrimonial nature, which could influence the objectivity in fulfilling its tasksfulfilling its tasks. .

INCOMPATIBILITINCOMPATIBILITYY represents a legal prohibition under which a person may not hold simultaneously two represents a legal prohibition under which a person may not hold simultaneously two functions which by their nature exclude each otherfunctions which by their nature exclude each other..

In case of conflict of interests, legal or administrative acts concluded directly or through In case of conflict of interests, legal or administrative acts concluded directly or through intermediaries, in violation of the law, are absolutely void, disciplinary sanctions could intermediaries, in violation of the law, are absolutely void, disciplinary sanctions could inclusively lead to dismissal. In addition, inclusively lead to dismissal. In addition, the person who breached the laws on conflict the person who breached the laws on conflict of interests of interests is deprived of the right of exercising a public function or dignity, except is deprived of the right of exercising a public function or dignity, except those elected for a period of up to 3 years from the date of issuance or removal from the those elected for a period of up to 3 years from the date of issuance or removal from the public office or dignity.public office or dignity. The ban is disposed on the Agency's request, by the competent The ban is disposed on the Agency's request, by the competent court, as additional penalty, in case of seizure of assets acquired or a determined good, court, as additional penalty, in case of seizure of assets acquired or a determined good, or in the case of conflicts of interestsor in the case of conflicts of interests..

In case of conflict of interests, legal or administrative acts concluded directly or through In case of conflict of interests, legal or administrative acts concluded directly or through intermediaries, in violation of the law, are absolutely void, disciplinary sanctions could intermediaries, in violation of the law, are absolutely void, disciplinary sanctions could inclusively lead to dismissal. In addition, inclusively lead to dismissal. In addition, the person who breached the laws on conflict the person who breached the laws on conflict of interests of interests is deprived of the right of exercising a public function or dignity, except is deprived of the right of exercising a public function or dignity, except those elected for a period of up to 3 years from the date of issuance or removal from the those elected for a period of up to 3 years from the date of issuance or removal from the public office or dignity.public office or dignity. The ban is disposed on the Agency's request, by the competent The ban is disposed on the Agency's request, by the competent court, as additional penalty, in case of seizure of assets acquired or a determined good, court, as additional penalty, in case of seizure of assets acquired or a determined good, or in the case of conflicts of interestsor in the case of conflicts of interests..

Conflicts of interests are regulated by Conflicts of interests are regulated by the Penal Code and the provisions of the Penal Code and the provisions of Law no. 161/2003.Law no. 161/2003.

Conflicts of interests are regulated by Conflicts of interests are regulated by the Penal Code and the provisions of the Penal Code and the provisions of Law no. 161/2003.Law no. 161/2003.

IIncompatibilities on public dignities and public functions are regulated by the ncompatibilities on public dignities and public functions are regulated by the Constitution, by the law applicable to public authority or institution in which Constitution, by the law applicable to public authority or institution in which persons exercising a public dignity or a public office operates, and the persons exercising a public dignity or a public office operates, and the provisions of Law no. 161/2003provisions of Law no. 161/2003..

IIncompatibilities on public dignities and public functions are regulated by the ncompatibilities on public dignities and public functions are regulated by the Constitution, by the law applicable to public authority or institution in which Constitution, by the law applicable to public authority or institution in which persons exercising a public dignity or a public office operates, and the persons exercising a public dignity or a public office operates, and the provisions of Law no. 161/2003provisions of Law no. 161/2003..

The act of a person to who the incompatibility state was The act of a person to who the incompatibility state was ascertained constitutes ascertained constitutes grounds for dismissal grounds for dismissal or after or after the case, disciplinary violation and shall be sanctioned the case, disciplinary violation and shall be sanctioned under applicable legislation on dignity, function or under applicable legislation on dignity, function or activity.activity.

The act of a person to who the incompatibility state was The act of a person to who the incompatibility state was ascertained constitutes ascertained constitutes grounds for dismissal grounds for dismissal or after or after the case, disciplinary violation and shall be sanctioned the case, disciplinary violation and shall be sanctioned under applicable legislation on dignity, function or under applicable legislation on dignity, function or activity.activity.

EVALUATION OF CONFLICT OF INTERESTS AND INCOMPATIBILITIESEVALUATION OF CONFLICT OF INTERESTS AND INCOMPATIBILITIESEVALUATION OF CONFLICT OF INTERESTS AND INCOMPATIBILITIESEVALUATION OF CONFLICT OF INTERESTS AND INCOMPATIBILITIES



The Agency will perform the The Agency will perform the EVALUATION ACTIVITY EX-OFFICIO OR UPON NOTIFICATION EVALUATION ACTIVITY EX-OFFICIO OR UPON NOTIFICATION by any by any individual or legal entity.individual or legal entity.

The assessment of conflicts of interest and incompatibilities will be done during the performance of The assessment of conflicts of interest and incompatibilities will be done during the performance of public dignities and within three years after terminationpublic dignities and within three years after termination..

The Agency will perform the The Agency will perform the EVALUATION ACTIVITY EX-OFFICIO OR UPON NOTIFICATION EVALUATION ACTIVITY EX-OFFICIO OR UPON NOTIFICATION by any by any individual or legal entity.individual or legal entity.

The assessment of conflicts of interest and incompatibilities will be done during the performance of The assessment of conflicts of interest and incompatibilities will be done during the performance of public dignities and within three years after terminationpublic dignities and within three years after termination..

After evaluating the declaration of After evaluating the declaration of interests and other data and interests and other data and information, information, if the integrity inspector if the integrity inspector identifies items that represent a identifies items that represent a conflict of interests or incompatibilityconflict of interests or incompatibility, , he informs the person concerned and he informs the person concerned and invites him to present a point of view invites him to present a point of view and any relevant act or informationand any relevant act or information he he considers necessary considers necessary to clarify the to clarify the situationsituation (the information and the (the information and the invitation will be sent by post, with invitation will be sent by post, with confirmation receipt).confirmation receipt).

After evaluating the declaration of After evaluating the declaration of interests and other data and interests and other data and information, information, if the integrity inspector if the integrity inspector identifies items that represent a identifies items that represent a conflict of interests or incompatibilityconflict of interests or incompatibility, , he informs the person concerned and he informs the person concerned and invites him to present a point of view invites him to present a point of view and any relevant act or informationand any relevant act or information he he considers necessary considers necessary to clarify the to clarify the situationsituation (the information and the (the information and the invitation will be sent by post, with invitation will be sent by post, with confirmation receipt).confirmation receipt).

The assessment report will be The assessment report will be communicatedcommunicated within 5 days of within 5 days of completion completion to the person subject of to the person subject of assessmentassessment and, and, where appropriatewhere appropriate, , to to the fiscal authorities, to the criminal and the fiscal authorities, to the criminal and disciplinary investigation authoritiesdisciplinary investigation authorities..

The assessment report will be The assessment report will be communicatedcommunicated within 5 days of within 5 days of completion completion to the person subject of to the person subject of assessmentassessment and, and, where appropriatewhere appropriate, , to to the fiscal authorities, to the criminal and the fiscal authorities, to the criminal and disciplinary investigation authoritiesdisciplinary investigation authorities..

If the person under evaluation doesn`t If the person under evaluation doesn`t express the point of view express the point of view issued on the issued on the situation found by the integrity situation found by the integrity inspector, orally or in writing, inspector, orally or in writing, or he or he expresses an irrelevant point of viewexpresses an irrelevant point of view, , following a period of 15 days after the following a period of 15 days after the confirmation of the information receipt confirmation of the information receipt by the person under assessment, by the person under assessment, the the integrity inspector elaborates an integrity inspector elaborates an evaluation reportevaluation report, if he still considers , if he still considers that there are elements that confirm a that there are elements that confirm a conflict of interests or incompatibility.conflict of interests or incompatibility.

If the person under evaluation doesn`t If the person under evaluation doesn`t express the point of view express the point of view issued on the issued on the situation found by the integrity situation found by the integrity inspector, orally or in writing, inspector, orally or in writing, or he or he expresses an irrelevant point of viewexpresses an irrelevant point of view, , following a period of 15 days after the following a period of 15 days after the confirmation of the information receipt confirmation of the information receipt by the person under assessment, by the person under assessment, the the integrity inspector elaborates an integrity inspector elaborates an evaluation reportevaluation report, if he still considers , if he still considers that there are elements that confirm a that there are elements that confirm a conflict of interests or incompatibility.conflict of interests or incompatibility.

APPLICABLE SANCTIONSAPPLICABLE SANCTIONSAPPLICABLE SANCTIONSAPPLICABLE SANCTIONS



THE PERSON UNDER ASSESSMENT CAN CHALLENGE THE CONFLICT OF INTERESTS OR INCOMPATIBILITY THE PERSON UNDER ASSESSMENT CAN CHALLENGE THE CONFLICT OF INTERESTS OR INCOMPATIBILITY ASSESSMENT REPORT WITHIN 15 DAYS OF ITS RECEIPT, TO THE ADMINISTRATIVE COURTASSESSMENT REPORT WITHIN 15 DAYS OF ITS RECEIPT, TO THE ADMINISTRATIVE COURT..

If the incompatibility assessment report was not challenged within the period specified, If the incompatibility assessment report was not challenged within the period specified, THE AGENCY THE AGENCY NOTIFIES WITHIN 15 DAYS THE COMPETENT BODIES TO TRIGGER DISCIPLINARY PROCEEDINGSNOTIFIES WITHIN 15 DAYS THE COMPETENT BODIES TO TRIGGER DISCIPLINARY PROCEEDINGS..

If appropriate, If appropriate, THE AGENCY NOTIFIES THE AGENCY NOTIFIES WITHIN SIX MONTHS THE ADMINISTRATIVE COURT IN ORDER TO WITHIN SIX MONTHS THE ADMINISTRATIVE COURT IN ORDER TO CANCEL THE ISSUED DOCUMENTS CANCEL THE ISSUED DOCUMENTS ADOPTED OR ELABORATED WITH THE BREACH OF THE LEGAL ADOPTED OR ELABORATED WITH THE BREACH OF THE LEGAL PROVISIONS REGARDING THE INCOMPATIBILITIESPROVISIONS REGARDING THE INCOMPATIBILITIES..

THE ACT OF THE PERSON TO WHOM IT WAS FOUND THE ACT OF THE PERSON TO WHOM IT WAS FOUND THE STATE OF INCOMPATIBILITY OR CONFLICT OF THE STATE OF INCOMPATIBILITY OR CONFLICT OF INTERESTS IT IS CONSIDERED GROUNDS FOR DISMISSALINTERESTS IT IS CONSIDERED GROUNDS FOR DISMISSAL or, where appropriate, or, where appropriate, IT`S CONSIDERED IT`S CONSIDERED MISCONDUCTMISCONDUCT and it is punishable under the rules applicable for dignity, public position, or respective and it is punishable under the rules applicable for dignity, public position, or respective activityactivity..

THE PERSON UNDER ASSESSMENT CAN CHALLENGE THE CONFLICT OF INTERESTS OR INCOMPATIBILITY THE PERSON UNDER ASSESSMENT CAN CHALLENGE THE CONFLICT OF INTERESTS OR INCOMPATIBILITY ASSESSMENT REPORT WITHIN 15 DAYS OF ITS RECEIPT, TO THE ADMINISTRATIVE COURTASSESSMENT REPORT WITHIN 15 DAYS OF ITS RECEIPT, TO THE ADMINISTRATIVE COURT..

If the incompatibility assessment report was not challenged within the period specified, If the incompatibility assessment report was not challenged within the period specified, THE AGENCY THE AGENCY NOTIFIES WITHIN 15 DAYS THE COMPETENT BODIES TO TRIGGER DISCIPLINARY PROCEEDINGSNOTIFIES WITHIN 15 DAYS THE COMPETENT BODIES TO TRIGGER DISCIPLINARY PROCEEDINGS..

If appropriate, If appropriate, THE AGENCY NOTIFIES THE AGENCY NOTIFIES WITHIN SIX MONTHS THE ADMINISTRATIVE COURT IN ORDER TO WITHIN SIX MONTHS THE ADMINISTRATIVE COURT IN ORDER TO CANCEL THE ISSUED DOCUMENTS CANCEL THE ISSUED DOCUMENTS ADOPTED OR ELABORATED WITH THE BREACH OF THE LEGAL ADOPTED OR ELABORATED WITH THE BREACH OF THE LEGAL PROVISIONS REGARDING THE INCOMPATIBILITIESPROVISIONS REGARDING THE INCOMPATIBILITIES..

THE ACT OF THE PERSON TO WHOM IT WAS FOUND THE ACT OF THE PERSON TO WHOM IT WAS FOUND THE STATE OF INCOMPATIBILITY OR CONFLICT OF THE STATE OF INCOMPATIBILITY OR CONFLICT OF INTERESTS IT IS CONSIDERED GROUNDS FOR DISMISSALINTERESTS IT IS CONSIDERED GROUNDS FOR DISMISSAL or, where appropriate, or, where appropriate, IT`S CONSIDERED IT`S CONSIDERED MISCONDUCTMISCONDUCT and it is punishable under the rules applicable for dignity, public position, or respective and it is punishable under the rules applicable for dignity, public position, or respective activityactivity..

APPLICABLE SANCTIONSAPPLICABLE SANCTIONSAPPLICABLE SANCTIONSAPPLICABLE SANCTIONS



THE PERSON REMOVED FROM OFFICE THE PERSON REMOVED FROM OFFICE towards which it was found the existence of a conflict of interests towards which it was found the existence of a conflict of interests or incompatibility or incompatibility LOSSES ITS RIGHT TO EXERCISE A PUBLIC POSITION OR DIGNITYLOSSES ITS RIGHT TO EXERCISE A PUBLIC POSITION OR DIGNITY FOR A PERIOD OF THREE FOR A PERIOD OF THREE YEARS YEARS AFTER REMOVAL FROM OFFICE, or PUBLIC DIGNITY, or FROM THE DATE THE MANDATE ENDED. IF AFTER REMOVAL FROM OFFICE, or PUBLIC DIGNITY, or FROM THE DATE THE MANDATE ENDED. IF THE PERSON HAS OCCUPIED AN ELIGIBLE POSITION, IT CANNOT OCCUPY THE SAME POSITION FOR A THE PERSON HAS OCCUPIED AN ELIGIBLE POSITION, IT CANNOT OCCUPY THE SAME POSITION FOR A PERIOD OF THREE YEARS OF MANDATE TERMINATIONPERIOD OF THREE YEARS OF MANDATE TERMINATION..

IfIf the person the person no longer has a public office or a dignity no longer has a public office or a dignity when it is found the state of incompatibility or when it is found the state of incompatibility or conflict of interests, conflict of interests, THE 3 YEARS PROHIBITION REMAINS VALID FROM THE DATE OF THE FINAL THE 3 YEARS PROHIBITION REMAINS VALID FROM THE DATE OF THE FINAL ASSESSMENT REPORT, RESPECTIVELY FROM THE DATE OF THE FINAL COURT IRREVOCABLE DECISIONASSESSMENT REPORT, RESPECTIVELY FROM THE DATE OF THE FINAL COURT IRREVOCABLE DECISION confirming the existence of a conflict of interests or a state of incompatibility.confirming the existence of a conflict of interests or a state of incompatibility.

NON DISCIPLINARY SANCTION OR NON-OBSERVANCE OF TERMINATION OF THE PUBLIC POSITIONNON DISCIPLINARY SANCTION OR NON-OBSERVANCE OF TERMINATION OF THE PUBLIC POSITION, as , as appropriate, where the notice of determination has become final, is a appropriate, where the notice of determination has become final, is a CONTRAVENTIONCONTRAVENTION and is and is PUNISHED PUNISHED WITH FINE FROM LEI 50 TO LEI 2,000WITH FINE FROM LEI 50 TO LEI 2,000, if the action is an offense, if the action is an offense..

THE PERSON REMOVED FROM OFFICE THE PERSON REMOVED FROM OFFICE towards which it was found the existence of a conflict of interests towards which it was found the existence of a conflict of interests or incompatibility or incompatibility LOSSES ITS RIGHT TO EXERCISE A PUBLIC POSITION OR DIGNITYLOSSES ITS RIGHT TO EXERCISE A PUBLIC POSITION OR DIGNITY FOR A PERIOD OF THREE FOR A PERIOD OF THREE YEARS YEARS AFTER REMOVAL FROM OFFICE, or PUBLIC DIGNITY, or FROM THE DATE THE MANDATE ENDED. IF AFTER REMOVAL FROM OFFICE, or PUBLIC DIGNITY, or FROM THE DATE THE MANDATE ENDED. IF THE PERSON HAS OCCUPIED AN ELIGIBLE POSITION, IT CANNOT OCCUPY THE SAME POSITION FOR A THE PERSON HAS OCCUPIED AN ELIGIBLE POSITION, IT CANNOT OCCUPY THE SAME POSITION FOR A PERIOD OF THREE YEARS OF MANDATE TERMINATIONPERIOD OF THREE YEARS OF MANDATE TERMINATION..

IfIf the person the person no longer has a public office or a dignity no longer has a public office or a dignity when it is found the state of incompatibility or when it is found the state of incompatibility or conflict of interests, conflict of interests, THE 3 YEARS PROHIBITION REMAINS VALID FROM THE DATE OF THE FINAL THE 3 YEARS PROHIBITION REMAINS VALID FROM THE DATE OF THE FINAL ASSESSMENT REPORT, RESPECTIVELY FROM THE DATE OF THE FINAL COURT IRREVOCABLE DECISIONASSESSMENT REPORT, RESPECTIVELY FROM THE DATE OF THE FINAL COURT IRREVOCABLE DECISION confirming the existence of a conflict of interests or a state of incompatibility.confirming the existence of a conflict of interests or a state of incompatibility.

NON DISCIPLINARY SANCTION OR NON-OBSERVANCE OF TERMINATION OF THE PUBLIC POSITIONNON DISCIPLINARY SANCTION OR NON-OBSERVANCE OF TERMINATION OF THE PUBLIC POSITION, as , as appropriate, where the notice of determination has become final, is a appropriate, where the notice of determination has become final, is a CONTRAVENTIONCONTRAVENTION and is and is PUNISHED PUNISHED WITH FINE FROM LEI 50 TO LEI 2,000WITH FINE FROM LEI 50 TO LEI 2,000, if the action is an offense, if the action is an offense..

CASE STUDY – CASE STUDY – CONFLICT OF INTERESTCONFLICT OF INTEREST

CASE STUDY – CASE STUDY – CONFLICT OF INTERESTCONFLICT OF INTEREST



INVESTIGATED PERSONINVESTIGATED PERSONINVESTIGATED PERSONINVESTIGATED PERSON



Mr. Constantin Nicolescu (aged 66)Mr. Constantin Nicolescu (aged 66)

•President of Arges County Council (second consecutive President of Arges County Council (second consecutive mandate);mandate);

•Social Democratic Party Vice-president;Social Democratic Party Vice-president;

•Former county prefect and ex-senator;Former county prefect and ex-senator;

•Arrested in January 2011 by the National Anticorruption Arrested in January 2011 by the National Anticorruption Directorate (D.N.A.) and sent into Court on May 2011 on the Directorate (D.N.A.) and sent into Court on May 2011 on the allegations of EU funding fraud, forgery, bribery and allegations of EU funding fraud, forgery, bribery and incitement to abuse in public office.incitement to abuse in public office.

START OF THE INVESTIGATIONSTART OF THE INVESTIGATIONSTART OF THE INVESTIGATIONSTART OF THE INVESTIGATION



PRELIMINARY ASSESSMENTPRELIMINARY ASSESSMENTPRELIMINARY ASSESSMENTPRELIMINARY ASSESSMENT



ACCESING RELEVANT DOCUMENTS AND DATA FROM OTHER INSTITUTION / AUTHORITIES:ACCESING RELEVANT DOCUMENTS AND DATA FROM OTHER INSTITUTION / AUTHORITIES:ACCESING RELEVANT DOCUMENTS AND DATA FROM OTHER INSTITUTION / AUTHORITIES:ACCESING RELEVANT DOCUMENTS AND DATA FROM OTHER INSTITUTION / AUTHORITIES:



Integrity inspector requested various documents and Integrity inspector requested various documents and data from other public or private institutions / data from other public or private institutions /

authorities:authorities:

After receiving all the relevant documents, integrity After receiving all the relevant documents, integrity inspector started the assessment of the information inspector started the assessment of the information

gathered from the institutions mentioned abovegathered from the institutions mentioned above

MAIN FINDINGS OF THE INVESTIGATIONMAIN FINDINGS OF THE INVESTIGATIONMAIN FINDINGS OF THE INVESTIGATIONMAIN FINDINGS OF THE INVESTIGATION



a) Conflict of interests – detailed overviewa) Conflict of interests – detailed overviewa) Conflict of interests – detailed overviewa) Conflict of interests – detailed overview



Mr. NicolescuMr. Nicolescu

President of County President of County CouncilCouncil

Major shareholder at Major shareholder at private companiesprivate companies

14 contracts worth 14 contracts worth approx. 280.000 EUROapprox. 280.000 EURO

b) Solid suspicions on committing crimes similar to corruption crimes – detailed overviewb) Solid suspicions on committing crimes similar to corruption crimes – detailed overviewb) Solid suspicions on committing crimes similar to corruption crimes – detailed overviewb) Solid suspicions on committing crimes similar to corruption crimes – detailed overview



c) False statements – detailed overviewc) False statements – detailed overviewc) False statements – detailed overviewc) False statements – detailed overview



The action of the persons who The action of the persons who intentionally, submitted wealth intentionally, submitted wealth statements or declarations of statements or declarations of

interests which do not interests which do not correspond to the truth correspond to the truth

constitutes the offense of making constitutes the offense of making false statements and punishable false statements and punishable under the Criminal Codeunder the Criminal Code. - Art. . - Art.

28 from Law no. 176/201028 from Law no. 176/2010

Mr. Nicolescu did Mr. Nicolescu did not declared the not declared the following data & following data &

information:information:

Actions taken by ANI in the case of Mr. NicolescuActions taken by ANI in the case of Mr. NicolescuActions taken by ANI in the case of Mr. NicolescuActions taken by ANI in the case of Mr. Nicolescu



DurationDurationDurationDuration



132 days132 days



THANK YOU FOR YOUR TIME!THANK YOU FOR YOUR TIME!

NATIONAL INTEGRITY AGENCYNATIONAL INTEGRITY AGENCYSOFIA (BULGARIA) – 28-29 June, 2012SOFIA (BULGARIA) – 28-29 June, 2012

Address:Address: Bucharest, No. 15 Lascăr Catargiu Blvd., Postal Code Bucharest, No. 15 Lascăr Catargiu Blvd., Postal Code 010661, 1010661, 1stst Sector, Romania Sector, RomaniaPhone:Phone: +40-37-206 98 69+40-37-206 98 69Fax:Fax: +40-37-206 98 88 +40-37-206 98 88Mobile:Mobile: +40-734 14 11 11 +40-734 14 11 11E-mail:E-mail: [email protected]; [email protected] [email protected]; [email protected] Website:URL Website: http://www.integritate.eu http://www.integritate.eu

Address:Address: Bucharest, No. 15 Lascăr Catargiu Blvd., Postal Code Bucharest, No. 15 Lascăr Catargiu Blvd., Postal Code 010661, 1010661, 1stst Sector, Romania Sector, RomaniaPhone:Phone: +40-37-206 98 69+40-37-206 98 69Fax:Fax: +40-37-206 98 88 +40-37-206 98 88Mobile:Mobile: +40-734 14 11 11 +40-734 14 11 11E-mail:E-mail: [email protected]; [email protected] [email protected]; [email protected] Website:URL Website: http://www.integritate.eu http://www.integritate.eu

Documents

ADMINISTRATIVE PROCEDURES ON FIGHT AGAINST CORRUPTION National Integrity Agency - ROMANIA ADMINISTRATIVE PROCEDURES ON FIGHT AGAINST CORRUPTION National