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

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Presentation on theme: "ADMINISTRATIVE PROCEDURES ON FIGHT AGAINST CORRUPTION National Integrity Agency - ROMANIA ADMINISTRATIVE PROCEDURES ON FIGHT AGAINST CORRUPTION National."— Presentation transcript:

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2 ADMINISTRATIVE PROCEDURES ON FIGHT AGAINST CORRUPTION National Integrity Agency - ROMANIA ADMINISTRATIVE PROCEDURES ON FIGHT AGAINST CORRUPTION National Integrity Agency - ROMANIA www.integritate.eu PAGE 1 NATIONAL 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

3 GENERAL DATA www.integritate.eu PAGE 2 NATIONAL INTEGRITY AGENCY AN AUTONOMOUS ADMINISTRATIVE AUTHORITY OF INVESTIGATION OPERATES ON THE PRINCIPLES OF LEGITIMACY, IMPARTIALITY, INDEPENDENCE, CELERITY, THE RIGHT TO DEFENSE AND GOOD ADMINISTRATION ENJOYS OPERATIONAL INDEPENDENCE NATIONAL INTEGRITY AGENCY (A.N.I.) (A.N.I.) Established in 2007 but its effective activity started in mid 2008 A.N.I. is subject to Cooperation and Verification Mechanism (Benchmark no. 2), established by European Commission Agency works with a number of 35 integrity inspectors, 17 persons serving the operative activity and 29 employees have administrative responsibilities

4 MAIN COMPETENCES OF THE AGENCY www.integritate.eu PAGE 3 NATIONAL INTEGRITY AGENCY Receiving, collecting, collating, processing and assessing wealth and interests disclosures Evaluating timely submission of the wealth and interests disclosures by persons covered by the law Evaluating significant differences between the changes appeared in the wealth acquired during the exercise of public positions and the income obtained during the same period Assessing conflict of interests or incompatibility of persons holding public office or dignity Taking actions and applying penalties provided by law Taking prevention and awareness measures

5 PERFORMING ITS ATTRIBUTIONS www.integritate.eu PAGE 4 NATIONAL INTEGRITY AGENCY A.N.I. HAS ACCESS TO ALL DOCUMENTS/ RECORDS FROM PUBLIC AUTHORITIES OR ANY OTHER PUBLIC OR PRIVATE PERSONS  within maximum 30 WORKING DAYS after the institution’s official request after the institution’s official request  Within the entities in which persons are required to submit in accordance with law, wealth statement and declaration of interests, there will be designated persons responsible to ensure the implementation of legal provisions in regard to the wealth statement and declaration of interests.  FAILURE TO RESPOND TO THE REQUESTS OF THE AGENCY is punishable by CIVIL FINE OF LEI 200 FOR EACH DAY OF DELAY. A.N.I. HAS ACCESS TO ALL DOCUMENTS/ RECORDS FROM PUBLIC AUTHORITIES OR ANY OTHER PUBLIC OR PRIVATE PERSONS  within maximum 30 WORKING DAYS after the institution’s official request after the institution’s official request  Within the entities in which persons are required to submit in accordance with law, wealth statement and declaration of interests, there will be designated persons responsible to ensure the implementation of legal provisions in regard to the wealth statement and declaration of interests.  FAILURE TO RESPOND TO THE REQUESTS OF THE AGENCY is punishable by CIVIL FINE OF LEI 200 FOR EACH DAY OF DELAY. TAX REGISTERS PERSONAL ID DATABASE MOTOR VEHICLE REGISTER REAL ESTATE REGISTER F.I.U. DATABASE OTHER PROPERTY REGISTERS LAND REGISTER

6 INTER-INSTITUTIONAL PROTOCOLS www.integritate.eu PAGE 5 NATIONAL INTEGRITY AGENCY National Trade Register Office (ONRC) Ministry of Administration and Interior (MAI) National Agency for Fiscal Administration (ANAF) Anti-Corruption General Directorate (DGA) National Office for Prevention and Control of Money Laundering (ONPCSB) National Agency of Public Servants (ANFP) National Agency for Land Registration (ANCPI) National Authority for Regulating and Monitoring of Public Procurement (ANRMAP)

7 Enforcing legislative provisions related to the assessment of assets and interests disclosures www.integritate.eu PAGE 6 NATIONAL INTEGRITY AGENCY A.N.I. represents only a part from a wider and complex process of enforcing the legislative provisions referring to the submission and control of wealth and interests statements: A.N.I. Persons within public institutions appointed with the implementation of the legal provisions on wealth/interests statements submission Natural or legal persons submitting notifications Mass-media and the civil society identifying, in their own profession activities, possible cases which may become ex officio notifications of A.N.I. Institutions which have the liability according to the law to provide acts and documents in order to perform the evaluation activity Extrajudicial expertise, points of view of the person subject to evaluation etc. Prosecutor’s Offices Law Courts Disciplinary commissions within public institutions Commissions of Wealth Investigation attached to Courts of Appeal Tax Bodies

8 CONFLICT OF INTERESTS AND INCOMPATIBILITIES www.integritate.eu PAGE 7 NATIONAL INTEGRITY AGENCY CONFLICT OF INTERESTS 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 fulfilling its tasks. INCOMPATIBILITY represents a legal prohibition under which a person may not hold simultaneously two functions which by their nature exclude each other. CONFLICT OF INTERESTS 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 fulfilling its tasks. INCOMPATIBILITY represents a legal prohibition under which a person may not hold simultaneously two functions which by their nature exclude each other. 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 inclusively lead to dismissal. In addition, the person who breached the laws on conflict of interests 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 public office or dignity. 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, or in the case of conflicts of interests. Conflicts of interests are regulated by the Penal Code and the provisions of Law no. 161/2003. Incompatibilities on public dignities and public functions are regulated by the Constitution, by the law applicable to public authority or institution in which persons exercising a public dignity or a public office operates, and the provisions of Law no. 161/2003. The act of a person to who the incompatibility state was ascertained constitutes grounds for dismissal or after the case, disciplinary violation and shall be sanctioned under applicable legislation on dignity, function or activity.

9 EVALUATION OF CONFLICT OF INTERESTS AND INCOMPATIBILITIES www.integritate.eu PAGE 8 NATIONAL INTEGRITY AGENCY  The Agency will perform the EVALUATION ACTIVITY EX-OFFICIO OR UPON NOTIFICATION by any individual or legal entity.  The assessment of conflicts of interest and incompatibilities will be done during the performance of public dignities and within three years after termination.  The Agency will perform the EVALUATION ACTIVITY EX-OFFICIO OR UPON NOTIFICATION by any individual or legal entity.  The assessment of conflicts of interest and incompatibilities will be done during the performance of public dignities and within three years after termination. After evaluating the declaration of interests and other data and information, if the integrity inspector identifies items that represent a conflict of interests or incompatibility, he informs the person concerned and invites him to present a point of view and any relevant act or information he considers necessary to clarify the situation (the information and the invitation will be sent by post, with confirmation receipt). The assessment report will be communicated within 5 days of completion to the person subject of assessment and, where appropriate, to the fiscal authorities, to the criminal and disciplinary investigation authorities. If the person under evaluation doesn`t express the point of view issued on the situation found by the integrity inspector, orally or in writing, or he expresses an irrelevant point of view, following a period of 15 days after the confirmation of the information receipt by the person under assessment, the integrity inspector elaborates an evaluation report, if he still considers that there are elements that confirm a conflict of interests or incompatibility.

10 APPLICABLE SANCTIONS www.integritate.eu PAGE 9 NATIONAL INTEGRITY AGENCY  THE PERSON UNDER ASSESSMENT CAN CHALLENGE THE CONFLICT OF INTERESTS OR INCOMPATIBILITY ASSESSMENT REPORT WITHIN 15 DAYS OF ITS RECEIPT, TO THE ADMINISTRATIVE COURT.  If the incompatibility assessment report was not challenged within the period specified, THE AGENCY NOTIFIES WITHIN 15 DAYS THE COMPETENT BODIES TO TRIGGER DISCIPLINARY PROCEEDINGS.  If appropriate, THE AGENCY NOTIFIES WITHIN SIX MONTHS THE ADMINISTRATIVE COURT IN ORDER TO CANCEL THE ISSUED DOCUMENTS ADOPTED OR ELABORATED WITH THE BREACH OF THE LEGAL PROVISIONS REGARDING THE INCOMPATIBILITIES.  THE ACT OF THE PERSON TO WHOM IT WAS FOUND THE STATE OF INCOMPATIBILITY OR CONFLICT OF INTERESTS IT IS CONSIDERED GROUNDS FOR DISMISSAL or, where appropriate, IT`S CONSIDERED MISCONDUCT and it is punishable under the rules applicable for dignity, public position, or respective activity.  THE PERSON UNDER ASSESSMENT CAN CHALLENGE THE CONFLICT OF INTERESTS OR INCOMPATIBILITY ASSESSMENT REPORT WITHIN 15 DAYS OF ITS RECEIPT, TO THE ADMINISTRATIVE COURT.  If the incompatibility assessment report was not challenged within the period specified, THE AGENCY NOTIFIES WITHIN 15 DAYS THE COMPETENT BODIES TO TRIGGER DISCIPLINARY PROCEEDINGS.  If appropriate, THE AGENCY NOTIFIES WITHIN SIX MONTHS THE ADMINISTRATIVE COURT IN ORDER TO CANCEL THE ISSUED DOCUMENTS ADOPTED OR ELABORATED WITH THE BREACH OF THE LEGAL PROVISIONS REGARDING THE INCOMPATIBILITIES.  THE ACT OF THE PERSON TO WHOM IT WAS FOUND THE STATE OF INCOMPATIBILITY OR CONFLICT OF INTERESTS IT IS CONSIDERED GROUNDS FOR DISMISSAL or, where appropriate, IT`S CONSIDERED MISCONDUCT and it is punishable under the rules applicable for dignity, public position, or respective activity.

11 APPLICABLE SANCTIONS www.integritate.eu PAGE 10 NATIONAL INTEGRITY AGENCY  THE PERSON REMOVED FROM OFFICE towards which it was found the existence of a conflict of interests or incompatibility LOSSES ITS RIGHT TO EXERCISE A PUBLIC POSITION OR DIGNITY FOR A PERIOD OF THREE YEARS 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 PERIOD OF THREE YEARS OF MANDATE TERMINATION.  If the person no longer has a public office or a dignity when it is found the state of incompatibility or conflict of interests, THE 3 YEARS PROHIBITION REMAINS VALID FROM THE DATE OF THE FINAL ASSESSMENT REPORT, RESPECTIVELY FROM THE DATE OF THE FINAL COURT IRREVOCABLE DECISION confirming the existence of a conflict of interests or a state of incompatibility.  NON DISCIPLINARY SANCTION OR NON-OBSERVANCE OF TERMINATION OF THE PUBLIC POSITION, as appropriate, where the notice of determination has become final, is a CONTRAVENTION and is PUNISHED WITH FINE FROM LEI 50 TO LEI 2,000, if the action is an offense.  THE PERSON REMOVED FROM OFFICE towards which it was found the existence of a conflict of interests or incompatibility LOSSES ITS RIGHT TO EXERCISE A PUBLIC POSITION OR DIGNITY FOR A PERIOD OF THREE YEARS 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 PERIOD OF THREE YEARS OF MANDATE TERMINATION.  If the person no longer has a public office or a dignity when it is found the state of incompatibility or conflict of interests, THE 3 YEARS PROHIBITION REMAINS VALID FROM THE DATE OF THE FINAL ASSESSMENT REPORT, RESPECTIVELY FROM THE DATE OF THE FINAL COURT IRREVOCABLE DECISION confirming the existence of a conflict of interests or a state of incompatibility.  NON DISCIPLINARY SANCTION OR NON-OBSERVANCE OF TERMINATION OF THE PUBLIC POSITION, as appropriate, where the notice of determination has become final, is a CONTRAVENTION and is PUNISHED WITH FINE FROM LEI 50 TO LEI 2,000, if the action is an offense.

12 CASE STUDY – CONFLICT OF INTEREST CASE STUDY – CONFLICT OF INTEREST www.integritate.eu PAGE 11 NATIONAL INTEGRITY AGENCY

13 INVESTIGATED PERSON www.integritate.eu PAGE 12 NATIONAL INTEGRITY AGENCY Mr. Constantin Nicolescu (aged 66) President of Arges County Council (second consecutive mandate); President of Arges County Council (second consecutive 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 Directorate (D.N.A.) and sent into Court on May 2011 on the allegations of EU funding fraud, forgery, bribery and incitement to abuse in public office. Arrested in January 2011 by the National Anticorruption Directorate (D.N.A.) and sent into Court on May 2011 on the allegations of EU funding fraud, forgery, bribery and incitement to abuse in public office.

14 START OF THE INVESTIGATION www.integritate.eu PAGE 13 NATIONAL INTEGRITY AGENCY

15 PRELIMINARY ASSESSMENT www.integritate.eu PAGE 14 NATIONAL INTEGRITY AGENCY Extending assessment to his family According to ANI`s law if the person whose wealth is assessed is married or if it has dependent children the assessment will extend to property of the spouse and, where applicable, dependent children. Informing the investigated person Mr. Nicolescu was informed through a registered letter (with receipt of acknowledgment) about the investigation, and on its rights to be assisted or represented by an attorney and to present data or information it deems necessary, personally or by sending a written point of view Three months later, the Mr. Nicolescu`s attorney presented at National Integrity Agency where he acknowledged the file`s information and data Declaration of assets and interests Integrity inspectors assessed the content of the declaration of assets and interests The inspector also can evaluate other information but only from public sources (at this stage of the investigation)

16 ACCESING RELEVANT DOCUMENTS AND DATA FROM OTHER INSTITUTION / AUTHORITIES: www.integritate.eu PAGE 15 NATIONAL INTEGRITY AGENCY Integrity inspector requested various documents and data from other public or private institutions / authorities: Arges County Council Personal ID Databases within the Ministry of Interior National Office of Trade Registrar National Management Center for Information Society Land Registrar Tax Registrar Other institution After receiving all the relevant documents, integrity inspector started the assessment of the information gathered from the institutions mentioned above

17 MAIN FINDINGS OF THE INVESTIGATION www.integritate.eu PAGE 16 NATIONAL INTEGRITY AGENCY Conflict of interests Solid suspicions on committing crimes similar to corruption crimes False statements

18 a) Conflict of interests – detailed overview www.integritate.eu PAGE 17 NATIONAL INTEGRITY AGENCY Public services Institutions AUTOPROMOND S.A. MAC AUTO Mr. Nicolescu President of County Council Major shareholder at private companies 14 contracts worth approx. 280.000 EURO

19 b) Solid suspicions on committing crimes similar to corruption crimes – detailed overview www.integritate.eu PAGE 18 NATIONAL INTEGRITY AGENCY 9 contracts signed between Arges County Council ( or subordinated institutions or public services) and the private companies where Mr. Nicolescu held the position of major shareholder During the procedure of public acquisition were submitted only the offers coming from private companies where Mr. Nicolescu holds or has held the position of shareholder

20 c) False statements – detailed overview www.integritate.eu PAGE 19 NATIONAL INTEGRITY AGENCY The action of the persons who intentionally, submitted wealth statements or declarations of interests which do not correspond to the truth constitutes the offense of making false statements and punishable under the Criminal Code. - Art. 28 from Law no. 176/2010 In declaration of interests, submitted in 2010 18 contracts in progress between his company and institutions subordinated to Arges County Council In declarations of interests, submitted between 2004-2010 His positions of shareholder at 11 private companies Mr. Nicolescu did not declared the following data & information:

21 Actions taken by ANI in the case of Mr. Nicolescu www.integritate.eu PAGE 20 NATIONAL INTEGRITY AGENCY ANI notified administrative court in order to annul the issued documents adopted or elaborated with the breach of the legal provisions regarding the conflict of interest ANI notified the National Anticorruption Directorate with purpose of investigating the corruption offenses Assessment Report was sent to the Prefect of County Arges in order to take the necessary measures Continuing the assessment procedures under the legal regime of the acquired wealth and the legal provisions of incompatibilities

22 DurationDuration www.integritate.eu PAGE 21 NATIONAL INTEGRITY AGENCY Start of evaluation 10.11.2010 End of evaluation 22.03.2011 132 days

23 www.integritate.eu PAGE 22 NATIONAL INTEGRITY AGENCY THANK YOU FOR YOUR TIME! NATIONAL INTEGRITY AGENCY SOFIA (BULGARIA) – 28-29 June, 2012 Address: Bucharest, No. 15 Lascăr Catargiu Blvd., Postal Code 010661, 1 st Sector, Romania Phone: +40-37-206 98 69 Fax: +40-37-206 98 88 Mobile: +40-734 14 11 11 E-mail: ani@integritate.eu; integritate@gmail.com URL Website: http://www.integritate.eu Address: Bucharest, No. 15 Lascăr Catargiu Blvd., Postal Code 010661, 1 st Sector, Romania Phone: +40-37-206 98 69 Fax: +40-37-206 98 88 Mobile: +40-734 14 11 11 E-mail: ani@integritate.eu; integritate@gmail.com URL Website: http://www.integritate.eu


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