RO MÂN IA Bd. Ferdinand 125, sector 2 Bucuresti Romania 021396 Telefon: +4021 253 28 38 Fax: +4021 253 00 63 Mobil: +40740 089 253 “Dosare de Achiziii”

ROMÂNIA

Bd. Ferdinand 125,

sector 2 BucurestiRomania 021396

Telefon:+4021 253 28

38Fax:

+4021 253 00 63

Mobil:+40740 089

253

“Dosare de Achiziții”A Watchdog on Public Procurement Files

ROMÂNIABd. Ferdinand 125,sector 2 BucurestiRomania 021396

Telefon:+4021 253

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Fighting Public Procurement Criminality.An Operational Approach

has been developed in response to Romanian law enforcement authorities’ need to tackle corruption in public procurement by implementing EU directives andrecommendations in the field, as well as dealing with specific issues raised by recent MCV Reports.


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The 2014 Report on Progress in Romania under the Co-operation and Verification Mechanism:

Several NGOs, business and independent experts have reported the continuous vulnerability of public procurement procedures to corruption.

Whilst this is not a problem unique to Romania, there is also a question of administrative capacity to handle the procedures, in particular at local level, which calls for particular attention, notably from the prevention side.


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A joint effort of a consortium made up of 17 partners, ranging from the Ministry of Justice and the Anticorruption Directorate to the Integrity Agency, the Association of Specialists in Procurement, Expert Forum or the National Council for Solving Complaints.


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Ten out of fourteen seminars already organized

244 trained participants: judges, prosecutors and judicial and antifraud police officers

The interest in public procurement issues has increased.

Due to corruption or integrity scandals related to high levelofficials involved in awarding PP contracts.


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Landmark ruling of the High Court of Cassation andJustice

- Constantin Nicolescu, the president of Arges County Council, was found in conflict of interest and lost his mandate- 14 contracts awarded by the county council to companies owned by hiswife


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The Platform

Decision to extend Project’s communication from a target group mainly comprised of magistrates and experts to the general public.

Agreement of the DG Home Affairs for this additional activity.


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Online Platform “Public Procurement Files”

• keeping an eye on the on-going trials

• acting as a watchdog on public procurement procedures

• raising the awareness on PP-related issues


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Partnership with HotNews.rothrough project’s visibility partner – EurActiv.ro

• 1.5 million unique visitors per month• the initial draft of “PP Files” - inspired by an initiative of

HotNews.ro – “Corruption Files”.

We used HotNews’ methodology Continuously monitoring the evolution of some well-know PP-related trials, by giving information about:• indictment,• stage of the trial,• previous rulings,• next court appearance


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We constantly monitor 17 files in the courts, the „eldest” case having already 2.447 days since the arraignment.

While ”Corruption files” section focused mostly on the corruption trials in order to avoid the cover-ups, “PP Files” section added two new actvities.

• First component added: monitoring the on-going Public Procurement process through SEAP - Romanian Electronic Public Procurement System.

• Second component: a special focus on controversial procedures and contracts prompted by the corruption scandal of the day


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Examples

Monitoring Relevant PP Tenders and Awarded Contracts through SEAP

All the contracts awarded in November 2013 by CNADNR - the Romanian Highways and National Roads Company – amounting to more than 300 million Euros


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Examples

Special Focus on the Controversial

We want to capitalize on the attention of the public to the latest corruption scandals.

We give a larger perspective of the activity and connections of people involved.

In the days following a major news outbreak related to corruption or conflict of interests, such as the start of an investigation on corruption charges against a high level official, a research of all the contracts awarded during his last mandate is being made and published.


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Three such in-depth journalistic investigations on PP contracts have been published, following Anti-corruption Directorate action against local elected officials

1. All the contracts awarded by Mehedinți County Council; the president of the council, Adrian Duicu, is in custody, investigated for corruption.

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Bd. Ferdinand 125,


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2. All the contracts awarded between 2012-2014 by Constanța County Council; the city mayor, Radu Mazăre, and the president of the council, Nicușor Constantinescu, are under DNA investigation.

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3. All the contracts awarded between 2008-2012 by Dâmbovița County Council, during the mandate of its former president, Florin Popescu, currently under investigation for corruption.


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The Team

Three leading investigative Romanian journalists, coordinated by Dan Tăpălagă (editor with HotNews.ro)• input given by speakers in the project (public procurement

experts, anti-corruption prosecutors, high level officials dealing with public procurement issues)

• important insights into public procurement mechanisms, legal loopholes, for a better understanding of the process and of its vulnerabilities.


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AchievementsJust two months of activity

After „PP Files” section signalled an apparently illegal, restrictive qualification requirement in a tender documentation forE-books, the Education Ministry had to almost tenfold decrease the required annual turnover.


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The Future of the PlatformEarly warning

Ministry of Education’s repealment of an unreasonable and illegal requirement is the kind of successful precedent that could lay the foundation for a functional monitoring system.

We see the future of the platform in multiplying this example.

If public procurement, tenders and contracts are continuously monitored by professional journalists and civil society, there are more chances to discover on time such “errors”, avoiding them to bear theirnegative effects - low quality of works, services or goods purchased by the authorities and institutions, dedicated tenders, distorted competition.


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Constrains, Challanges to be Met

• Local capture

• Journalists under pressure in captured counties, censorship,

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Bd. Ferdinand 125,


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Censorship of an article exposing a controversial public procurement

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Bd. Ferdinand 125,


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ROMÂNIA

Bd. Ferdinand 125,sector 2 BucurestiRomania 021396Telefon:+4021 253

28 38Fax:

+4021 253 00 63Mobil:

+40740 089 253 THANK YOU!

Documents

RO MÂN IA Bd. Ferdinand 125, sector 2 Bucuresti Romania 021396 Telefon: +4021 253 28 38 Fax: +4021 253 00 63 Mobil: +40740 089 253 “Dosare de Achiziii”