EN    EN EN 
EN 1   EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 23.7.2008 
SEC(2008) 2349 
  
SUPPORTING DOCUMENT 
 
accompanying the  
REPORT FROM THE COMMISSION 
TO THE EUROPEAN PARLIA MENT AND THE COUNCIL 
 
On Progress in Romania under the Co-op eration and Verification Mechanism 
 
--------- 
 
ROMANIA: Technical Update  
 
{COM(2008) 494 final} 
EN 2   EN TABLE OF CONTENTS 
1. Benchmark 1: Ensure a more transparent and efficient judicial process notably by 
enhancing the capacity and accountability of  the Superior Council of Magistracy. 
Report and monitor the impact of the ne w civil and penal procedures codes.............. 3 
2. Benchmark 2: Establish, as foreseen, an integrity agency with responsibilities for 
verifying assets, incompatibilities and potenti al conflicts of inte rest, and for issuing 
mandatory decisions on the basis of whic h dissuasive sanctions can be taken. .......... 8 
3. Benchmark 3: Building on pr ogress already made, continue to conduct professional, 
non- partisan investigations into alle gations of high- level corruption...................... 10 
4. Benchmark 4: Take further measures to  prevent and fight ag ainst corruption, in 
particular within the local government. ..................................................................... 13 
EN 3   EN 1. B ENCHMARK 1: ENSURE A MORE TRANSPARENT AND EFFICIENT JUDICIAL PROCESS 
NOTABLY BY ENHANCING THE CAPA CITY AND ACCOUNTAB ILITY OF THE SUPERIOR 
COUNCIL OF MAGISTRACY . REPORT AND MONITOR THE IMPACT OF THE NEW CIVIL 
AND PENAL PROCEDURES CODES . 
Several measures taken to ensure coherence  in jurisprudence such as regular court 
consultation meetings, publication of juri sprudence collections and appeals in the 
interest of the law show continuing progress. However, there are problems of incoherence in jurisprudence in  both civil and criminal law and these deficiencies hinder 
prosecution in high profile corruption case s. Contradictory jurisprudence of the High 
Court of Cassation and Justice (HCCJ) in certain high profile ca ses of high-level 
corruption has damaged efforts to move to wards more coherent jurisprudence within 
the judiciary. 
The human resource situation also raises some concerns. Despite some  progress in filling 
positions within the magistra cy, difficulties remain regar ding admission standards and 
tailored training targeted at specific groups . Consideration should be given to adopting 
the emergency measures suggested by the General Prosecutor as a way to remedy the 
human resource and management problems in the Public Ministry. The Superior Council of Magistracy (SCM) has been given sufficient resources to  operate effectively, 
but difficulties in improving accountability a nd ethical standards of  its members are of 
concern. 
Amendments to the Civil and Criminal Pr ocedure Codes were adopted in early 2007, 
but their implementation has not been  monitored since then. There has been 
considerable controversy surrounding the proposed amendments to Government 
Emergency Ordinance no 60 of 2006 (GEO 60/2006) on criminal  procedures. Drafting of 
the new Criminal and Civil Procedure Codes is progressing. It is very important that the 
draft that is ultimately submitted is of good  quality and prepared in consultation with 
and supported by judi cial institutions.  
Detailed Assessment
 
• Implement any necessary measures, including those provided for in the relevant Action 
Plan of the Superior Council of the Magist racy adopted in June 2006, that ensure a 
consistent interpretation and application of the law at all levels of court throughout the country following adequate consul tation with practising judges,  prosecutors and lawyers; 
monitor the impact of recen tly-adopted legislative and administrative measures. 
Appeals in the interest of the law were successfully made with a view to ensuring coherent 
jurisprudence. Between June 2007 and June 2008, 83 appeals were  filed, of which 60 were 
admitted, 4 dismissed and 19 are pending. Decisi ons made by the High Court of Cassation 
and Justice (HCCJ) in such appe als are binding for al l courts. 20 training seminars were run 
by the National Institute of Magistracy, and a twinning project was established. 
Access to jurisprudence has also improved. Re gular consultation mee tings were held to 
discuss uniformity of court practices and co mmunication among practi tioners. In 2007-08 the 
HCCJ organised 67 such meetings  with judges from many differe nt courts and specialisations, 
whilst monthly meetings of magistrates t ook place within individual courts. Materials 
EN 4   EN highlighting the instances of non-unitary jurisp rudence raised were submitted to the SCM. 
Courts are also required to publish re levant decisions on their website.  
Contradictory jurisprudence of the HCCJ in cer tain high profile cases of high-level corruption 
has impeded efforts towards coherent jurisprudence within the judiciary.  
Some deficiencies with the unitary application of civil law were also reported, related to the 
division of responsibilities betw een different court levels. Meas ures taken so far have not 
solved the problem.  
• Design and implement a rational and realistic st affing model for the justice system on the 
basis of the ongoing needs assessment. 
Work on the human resources strategy has pr oceeded. In May 2008 evaluations of the 
complexity of cases at the prosecutors' offices were completed and the optimum workload for each judge and prosecutor is now being determin ed. Jurisdiction rules are also being devised 
in accordance with the new procedural codes, and a working group has been set up to monitor 
their impact. The human resources  strategy is scheduled to be  finalised by January 2009, but 
this depends on the passage of the new codes wh ich are expected to redistribute competences 
among courts, thus influencing the number of  magistrates necessary for each court. A 
German-Romanian twinning project to improve courts management has been established 
The use of interviews in recruitment has continued and between June 2007 and March 2008 
139 candidates were appointed under this method. Law 97/2008, passed in March, required 
the SCM to establish objective interview crite ria. On 24 April Government Emergency 
Ordinance 46/2008 was published, proposing to replace the interviews with a formal 
examination procedure. Although the SCM has can celled previously scheduled interviews the 
proposed new law is still being debated in Parl iament. If adopted as tabled, this law would 
represent a positive step, as l ong as the rigorous quality of exams is assured in its 
implementation.  
130 candidates with 5 years experience were recr uited in a single exam session held in May 
2008. This number represents a sharp increase in  the amount of candidates admitted in this 
way. The exam held in June 2007 enabled only 2 candidates to be admitted. Concerns regarding lowering of standards have  been raised in this context. 
Exams in April 2008 admitted 129 candidates to  executive positions and competitions to 
recruit 142 judges and 95 prosecutors to lead ing positions are underway. Vacancies for court 
judges fell from 444 to 245, out of a tota l of 4490 positions, during 2007-2008. By 
comparison the total number of vacancies at the prosecutors' offices was reduced from 525 positions in June 2007, to 417 on 1 July 2008, out of a total 2859 positions. The National Institute of Magistracy admitted 159 new magi strates and 115 trainees  to vacant judicial 
positions in 2007. More exams are scheduled for June, September and November 2008. To address the shortfall in magistrates, the numb er of places at the NIM was increased by 30%. 
Continuous training and regular performance eval uation should ensure that existing standards 
within the magistracy are maintained.  
Government Emergency Ordinance no 100 of 2007 addressed the secondment of magistrates 
referred to in the June 2007 report by establishing a reserve fund to finance the appointment 
EN 5   EN of staff for temporarily vacant positions1. The reserve fund is an i nnovative way to address the 
shortage of staff created by secondments, through its utility can be best assessed after it has 
been implemented.  
The reduction in vacancies and the allocation of new judges to the Courts of First Instance 
represent positive steps but the recruitmen t of high numbers of judges compared to 
prosecutors is a cause for concern. At presen t judges are recruited at a higher rate than 
prosecutors despite the greater need for staff2 within the prosecutors' offices: The focus on 
recruitment 2007-2008 clearly was on courts wh ere vacancies have been reduced by 45% 
whereas vacancies among the prosecuti on have only been reduced by 21%.  
Procedures to eliminate excess posts have not been altered, which might cause difficulties 
given the changes to be introduced by the new codes. 
• Develop and implement a plan to restructure the Public Ministry that addresses the 
existing managerial shortcomi ngs and human resources issues. 
A plan to restructure the Publ ic Ministry is being successfully implemented. The first two 
steps were accomplished in early 2007. The thir d step, the redistribution of 56 positions 
towards prosecution offices with a significantly hi gher workload or shortfall in personnel was 
completed in October 2007.3 The 2007 Activity Report of the Public Ministry was presented 
on 7 March 2008. Its priorities for 2008 include addressing the shortf all in personnel, 
developing professional traini ng programmes, continuing the automation process of the 
prosecutor's offices, increasing efficiency and transparency and improving the Public Ministry's image. 
Whilst the redistribution of some prosecutor positi ons is a welcome step, further measures are 
needed. The number of cases handled has doubled since 1997 but 18% of the positions in the 
prosecutors' offices remain vacant. The workload is unevenly spread as prosecutors in Courts of First Instance handle 1,000 to 1,500 cases annually compared to 30-40 cases per year for those attached to the Courts of Appeal, but 80% of the Public Mi nistry's activity is undertaken 
by the local prosecutors' offices.  
A draft law was proposed by the Ge neral Prosecutor to temporaril y redistribute posts between 
court levels as an emergency measure to alle viate the most pressing staffing problems. The 
support of the SCM was however not obtained. 
Management functions, such as promotion, evalua tion, sanction and transf er of staff are the 
responsibility of the Superior Council of Magistracy. Systema tic deficiencies can therefore 
not be addressed by the General Prosecutor. H eads of Prosecution offices are not able to 
sanction underperforming staff, even in very minor cases, such as arriving late to work. 
Rather, information about the transgression must  be forwarded to the SCM, who will decide 
                                                
 
1 When the original post holder re turns, the replacement staff member w ill retain the post and the original 
post holder will be offered another position in the same court financed via the reserve fund. When 
another position becomes vacant within  that court/office, it shall be re stored to the reserve fund to 
maintain balance. 
2 In June 2007 18% of positions in prosecutors' o ffices were vacant, compared to 9% in the courts. 
3 21 positions were redistributed among the Courts of  First Instance, and the remaining 35 transferred 
from the Prosecutor's Office attach ed to the High Court of Cassation and Justice to the Prosecutor's 
Offices attached to the Courts of First Instance. 
EN 6   EN upon and deliver the appropriate sa nction. This procedure has repo rtedly been very slow and 
ineffective in several cases and leaves the s upervisor vulnerable to abuse in the meantime.  
• Monitor the impact that th e newly-adopted amendments to the Civil and Criminal 
Procedure Codes have on the justice system so that any necessary corrective measures can 
be incorporated in the planned new Codes. 
The situation regarding amendments to the Cr iminal Procedure Code which would severely 
restrict the rights of the prosecu tion remains uncertain at present4.  
Whilst the majority of problematic provisions initially proposed by th e Chamber of Deputies 
have been removed by the Senate, clauses re stricting the operation of home search and 
telephone interceptions remain. If approved, thes e provisions will significantly impede the 
ability of prosecutors to gather adequate evid ence in criminal cases, most notably corruption 
cases where telephone evidence plays a substantia l role. Prosecutors would no longer be able 
to issue temporary wire tapping authorisations and th e conditions for interception or recording 
to begin have been tightened. Finally, as with the domiciliary search, provisions have been 
introduced prohibiting the use of  evidence gathered in cont ravention of the specified 
conditions. 
Whilst the amendment law seems to be currently  on hold, it has not been finally dropped and 
some of its provisions risk bein g re-introduced in the new Crimin al Procedure Code when it is 
presented to Parliament.  
Amendments to the Civil Procedure Code had al ready entered into force in January 2007, and 
some initial monitoring of the law's anticipated  impact took place then. However in the last 
year authorities have mainly focused on the adoption of the new Ci vil Procedure Code.  
Information provided by Romani an authorities does not give  any indication of further 
monitoring of the amendments, nor  of inclusion of changes sugge sted as part of the public 
consultation in the draft of the new codes. 
• Report and monitor on the progress made, as regards adopting the new Codes including 
adequate consultations and the impact it will have on the justice system. 
With assistance from the German Foundatio n for International Legal Cooperation, the 
Commission for drafting the new Criminal Pro cedure Code completed the final draft on 14 
April 2008. A copy has been published on the Ministry of Justice website. At present 
consultations with several legal institutions are ongoing, and the draft is simultaneously being 
analysed for overall coherence, and compatibil ity with the new Criminal Code. Practitioners 
criticised the consultation process as not sufficiently transparent and comprehensive. 
The new draft Criminal Procedure Code seeks to address several problems of the judicial 
process in Romania such as the excessive length of  trials and the misuse of procedural rules as 
delaying tactics. The law intends to reduce the nu mber of restitutions of  files by court to the 
prosecution on procedural grounds by the intro duction of a preliminary chamber which is 
designed to ensure cases do not proceed without  sufficient evidence. The legality of all 
                                                 
4 These amendments (GEO 60/2006) were first discussed in parliament in November 2007 and reported 
by the Commission in the interim report of February 2008. 
EN 7   EN indictments would be verified duri ng the pre-trial stage, and if irregularities are found the file 
may be returned to the prosecutor's office.  
Following a similar drafting process the prelimin ary draft of the Civil Procedure Code was 
completed on 14 August 2007. Consultations with th e courts and main uni versities took place 
in April 2008, whilst public consultations will continue until September and the endorsement 
procedure will begin thereafter. In the mean time the committee is an alysing the comments 
received so far and ensuring the draft is consis tent with the text of  the new Civil Code.  
• Enhance the capacity of the Superior Counc il of Magistracy to perform its core 
responsibilities as well as its accountability. In particular, address the potential conflicts 
of interest and unethical actions by indivi dual Council members. Recruit judicial 
inspectors, according to the newly-adopted ob jective criteria, who should also have a 
greater regional representation. 
The SCM was allocated sizeable human and fina ncial resources in early 2007. Since then a 
new management team has been elected, a communication strategy approved, 9 technical 
positions were added, 2 vacancies were filled a nd the construction and renovation of courts 
and prosecutors' offices continued. The SCM budget for 2008 was increased by 25% to 
MEUR 20.1, though this was accompanied by decr eases in the budgets of other judicial 
institutions.5 
A regulation enabling a triennia l appraisal scheme for magist rates was approve d on 4 October 
2007. Amendments of 24 January 2008 made ac tivity as a non-permanent SCM member 
incompatible with membership of an evaluation commission, and clarified the operation of evaluation commissions in cour ts or prosecutors' offices w ith fewer than 10 judges or 
prosecutors. An SCM decision on 4 October ap pointed evaluation commissioners, based on 
proposals from the leading boards of the courts and prosecutors' offices. In January 2008, 
training sessions were organi sed for them, and the first round of evaluations began on 1 
March 2008. Evaluation commissioners are however proposed by the courts whose 
magistrates they will be evaluating, so doubts regarding impartiality have been voiced. 
Despite its key role in promoting a transparent and efficient judicial process, the SCM has not 
yet fully taken responsibility for judicial refo rm and for its own accountability and integrity: 
Following a case of fraud with a management  competition, the SCM allowed a criminal 
investigation by DNA only after a public in tervention by the General Prosecutor. The 
competition was not repeated. An investigation in to disrespect of professional integrity in 
relation to this case within the SCM was not launched.  
The recruitment of judicial inspectors cont inued, with 10 new inspectors appointed in 2007-
2008, so that 45 out of a total 53 positions ha ve now been filled. The new inspectors are 
magistrates seconded from the courts, so they c ould be asked to assess their colleagues' or 
superiors' performance. In this context questi ons regarding conflicts of  interest have been 
raised. The newly recruited inspectors came from  a variety of courts and offices, however 
                                                
 
5 The budget of the prosecution for external expertise was i.e. cut by  30%, despite legal changes which 
will necessitate increased use of such  expertise: Article 94 of the Fi scal Procedure Code was modified 
following GEO 47/2007, published in Official Gazette no 603 on August 31 2007. The amended provision expressly forbids the taxation authority from drafting technical, scientific or other reports at 
the request of the criminal investigation authorities. Thus the assistance traditionally provided by the tax 
authorities will now need to be provided through use of external experts.  
EN 8   EN only one (Arges Tribunal) is located outside of Bucharest. Efforts should be made to ensure 
new judicial inspectors are geographically representative. 
The judicial inspection within the SCM has not  yet established a track -record for ex-officio 
investigations; guidelines fo r this purpose are missing.  
2. B ENCHMARK 2: ESTABLISH , AS FORESEEN , AN INTEGRITY AGENCY WITH 
RESPONSIBILITIES FOR VERIFYING ASSETS , INCOMPATIBILITIES AND POTENTIAL 
CONFLICTS OF INTEREST , AND FOR ISSUING MANDATORY DECISIONS ON THE BASIS 
OF WHICH DISSUASIVE SANCTIONS CAN BE TAKEN . 
After a considerable delay in 2007, substant ial progress was made in setting-up the 
National Integrity Agency (ANI) in the first ha lf of this year. Prac tical measures to set 
up the agency, such as recruitment of p ersonnel, budget allocation and public 
procurement for infrastructure requirements  were taken. In June 2008, ANI reported 
on investigation activities in about 40 cases. 
ANI will need to continue to receive su fficient budgetary resources to assure the 
operation of the agency – such as for recruitme nt and training of inspectors, competitive 
salaries and the installation of su itable IT equipment and software. 
ANI will need to establish a track record of completed cases to demonstrate that it is 
exercising the range of its sanctioning pow ers. The robustness with which ANI carries 
out its legal mandate and the nature of the s upervisory role carried out by the National 
Integrity Council cannot as yet be evaluated.  
Detailed Assessment  
• Adopt legislation establishi ng an effective and independent integrity agency with 
responsibilities for verifying asse ts, potential incompatibilities and conflicts of interest, as 
well as issuing mandatory deci sions on the basis of which dissuasive sanctions can be 
taken. 
The ANI legal framework was completed in May 2007 with the passage of Law 144/2007, 
which regulated the agency's establishment,  organisation and func tioning. On 14 April 2008, 
the Senate issued Law 94/2008, designed to addre ss concerns raised in the June 2007 report. 
The law clarified the mandate of ANI inspec tors, enabling them to pursue "unjustified" 
instead of "illegal" wealth, decreased the fina ncial threshold required for an investigation6 and 
clarified the status of ANI personnel. These changes corrected shortcomings of Law no 144/ 
2007, and meant that the administrative prerequi sites for ANI's functioning were in place. 
Although the completion of the legal framework for ANI was certainly a positive step, some 
provisions in the present law may have an adverse impact on the agency's effectiveness. For example notifications cannot be anonymous as they must indicate the sources of their 
information, and be dated and signed, before they can be taken into  account. Preliminary 
inquires must be carried out wi thin 30 days, and the scope of an investigation may not extend 
                                                
 
6 See Article 4(4). The initial provision defined the obvious difference between assets and revenues as 
being higher than 10% but no less than 20,000 EUR. The new provision redefines this expression so 
that investigation can start after a difference of only 10,000EUR between assets and revenues has been 
demonstrated 
EN 9   EN beyond the issues raised in the complaint. In spectors do not have powers of subpoena nor the 
express right to request inform ation of a sensitive nature.7 
If irregularities are found, ANI w ill notify relevant institutions so that they can take further 
action. Thus ANI cannot take mandatory decisions itself but is able to ask the court to order 
confiscation of wealth consider ed unjustified, and request disciplinary sanctions such as 
dismissal or suspension. The legal basis en abling confiscation of wealth considered 
unjustified was called into question by a Const itutional Court decision taken on 17 April 
2008. The decision declared that the draft Law amending Law 115/1996 was unconstitutional, 
because it mandated the confiscation of "unj ustified wealth" in contradiction to the 
Constitutional presumption that all wealth has been obtained legally. As a result the confiscation of unjustified assets may be challenged in court and may ultimately not be possible. 
The role of the National Integrity Council, ANI's governing body, has also been extended. 
This discussion has given rise to concerns regarding the in dependence of ANI. The Council, 
formed in May 2007 to appoint the President a nd Vice President of ANI, is now empowered 
to screen all ANI staff in terms of incompatibilities, unjustified wealth and conflicts of interest, just as ANI inspectors screen the asse ts of high level officials and politicians.. In 
addition, the Council can evaluate ANI's manageri al capacity and propose the dismissal of the 
President or Vice President. Previously th ese tasks were undertaken by an independent 
external auditor. In order to assist the Council in its assessmen t, the ANI President must report 
to the Council on the agency's activities, a nd provide it with acces s to documents when 
requested. 
• Establish such a National Integrity Agen cy; ensure it has the necessary human and 
financial resources to  fulfil its mandate. 
Despite initial expectations that ANI would be fully operational by October 2007, this target 
has not been achieved though attempts were made to hasten the agency's set up. In December Government Emergency Ordinance no. 138 of 2007 (GEO 138/2007) introduced interim 
measures giving ANI's Vice President all the prer ogatives of President, including the power to 
act as the agency's chief financial officer . Administrative measures were undertaken 
thereafter, and on 15 April 2008 th e Senate appointed a Presiden t, following the proposal of 
the National Integrity Council. 
By June this year, ANI reported first investigat ion activities in about 40 cases on the basis of 
signals from press. Model registries of declar ation of assets and in terests and a guide for 
completing them have been drafted.
 In January 2008 equivalent organisations within and 
outside the EU were contacted  to establish cooperation. 
At present ANI has 100 employees , including 42 integr ity inspectors and recruitment for more 
personnel, including a Vice President, is co ntinuing. In addition the agency's ongoing 
activities include training course s, drafting an internal code of conduct, elaborating a mid-
term management strategy, and designing a data base for storing, processing and analysing 
declarations. 
                                                 
7 Article 5 states that information may be requested from "all public institutions and authorities involved, 
as well as other public or private legal persons" and may include " the documents and information 
necessary." Discussions with ANI offi cials revealed that this provision is being interpreted to exclude 
financial, personal, or simila rly classified information. 
EN 10   EN Whilst most of these developments are positive, some detract from overall progress towards 
achieving this benchmark. They should be rec tified. For example, the salaries paid to 
inspectors may not attract the best candidates, whilst the ins titution's training budget may not 
cover all of the training needs involved in setting up a new in stitution, especially one whose 
operation is largely unprecedented within the EU. Furthermore, the budget proposal for a new 
data processing system, to s can and comparatively analyse data from the 60,000 wealth 
statements held by ANI, was in itially rejected by the government. Combined, these budgetary 
issues may influence the effectiveness of the agency. A longer term view is necessary as 
completion of this benchmark w ill require a thorough assessment of the agency's functioning 
in practice, which will be possible only when ANI has an established track record of 
completed cases.  
3. B ENCHMARK 3: BUILDING ON PROGRESS ALREADY MADE , CONTINUE TO CONDUCT 
PROFESSIONAL , NON - PARTISAN INVESTIGATIONS INTO ALLEGATIONS OF HIGH - 
LEVEL CORRUPTION . 
Aside from the continuously good track reco rd shown by the National Anticorruption 
Directorate (DNA), the fight against high level corruption has overall not shown convincing progress since June 2007. As reporte d then courts conti nue to deliver lenient 
sentences and inconsistent sanctions. The key cases concerning high profile politicians show no real progress. 
Despite intense political and legal debate, Romania managed to keep the institutional 
framework for the fight against corruption inta ct. The legal framework remains weak in 
some areas, with restrictions on the powers  of specialised author ities, and increased 
requirements for some investigations. Inconsis tent decisions delivered by the HCCJ in 
high profile cases work to diminish public trust in the fight against corruption. There 
appears to be insufficient awareness of th e problem of high level corruption within 
parliament.  
Detailed Assessment
 
• Continue to provide a track record of pr ofessional and non-partisan investigations into 
high-level corruption cases.  
The DNA continued its activity, with 385 persons indicted as a result of 146 suits brought 
between 1 June 2007 and 10 June 2008. These in cluded 80 non-final convictions delivered by 
the courts against 132 defendants, and 69 fina l convictions rendered against 107 defendants. 
The sentences awarded ranged in length from 3 months' to 5 years' imprisonment for non-final 
convictions, and from 3 months' to 7 years' im prisonment in the case of final convictions. In 
both categories the majority of sentences were  either conditionally suspended or suspended 
under probation; the rest were enforced senten ces. These convictions account for 60% and 
64% of the defendants respectively.  
In 2007 the number of public sector employees  given final convictions was 18% higher than 
the number of private sector employees. Despite  their greater representation, penalties overall 
were lower for public sector than private se ctor employees. For example 12 public officials 
were sentenced to detention, compared to 16 private sector defendant s, and suspension was 
given to 47 public officials whilst those from  private sector received 34 suspensions.  
EN 11   EN The DNA has prosecuted 17 high profile cases. Three of thos e, each concerning former 
ministers, were returned to the prosecution by the HCCJ. Justification for the restitution was 
based on the retrospective application of a Constitutional Court judgement taken in July 2007.
8 Reasons for the HCCJ decision in one case reveal that the restitution will nullify all of 
the investigative acts carried out by the prosecutors in that case.  
Delays in the criminal trial process were addresse d in a bill initiated by the Ministry of Justice 
in 2007. The text removes the automatic suspensi on of trials whilst the Constitutional Court 
deliberates on objections of unconstitutionality. The government and the Chamber of Deputies approved the law, however it is pending analysis by the Senate, which is the decision making chamber in this case. If adopt ed, the changes introduced by the new law will 
be complemented by the introduction of the Pr eliminary Chamber in the draft criminal 
procedure code, designed to ensure cases do not proceed without sufficient evidence.  
The number and profile of new investigations  initiated by the DNA s hows a good track record 
of non-partisan investigation in to high level corruption, however the courts have not increased 
their delivery of dissuasive sanctions in the ma jority of cases. Despite  requests by prosecutors 
for stiff penalties, the minimum sentence is aw arded in most cases. The government set up a 
working group to undertake a comparative analysis of court decisions in July 2007 however this group has not yet produced any results. In re action to the lack of results from the working 
group, the DNA itself conducted a sample analysis of  the penalties given to 108 defendants in 
2007, which revealed that 90% were awarded th e lowest penalty possi ble, whilst only a 
quarter were sentenced to detention. 
Some progress can be recorded on smalle r measures. For example the programme 
implemented by the General Prosecutor to comb at corruption involves practical and effective 
steps to broaden the scope for investigations into corruption and ensu re that operations are 
carried out as efficiently as possible. In  addition, the cooperation between the General 
Prosecutor's Office, DNA and local pr osecutors' is good and effective.  
A set of measures to prevent and fight co rruption have been pr oposed by the General 
Prosecutor and implemented via the Action Plan of the Ministry of Justice. In December 
2007, prosecutors were recruited to  form a national network of co rruption investigators. These 
prosecutors, attached to the tribunals and c ourts of appeal, would be responsible for 
investigating any corruption cas es falling outside the remit of the DNA. Their appointment 
was followed by a round of specialised traini ng sessions with DNA prosecutors and police 
officers in May 2008. Opportunities for continue d specialised training will be coordinated by 
the Public Ministry. Finally the General Pros ecutor's Office set up a working group to draft a 
manual of best practices for investigating crim inal corruption cases, ba sed on the observations 
and conclusions drawn from the training sessio ns. The manual will be finalised by August 
2008 and disseminated to prosecutors. 
Ten training seminars were also organised by the National Institute of Magistracy and the 
Fight against Fraud Department between June  2007 and March 2008. They covered a range of 
issues including financial offences, fraud agai nst EU interests, the fight against corruption, 
high level corruption and judici al sanctions, and judicial c ooperation in criminal matters. 
European Commission funding was used to finan ce the seminars, while international experts 
                                                
 
8 Constitutional Court decision 665/5.07.2007 required  that former ministers be subject to the same 
restrictions on lifting political immunities as those ministers still in office. 
EN 12   EN provided technical assistance. Se minars targeted professionals dealing with corruption cases 
and were attended by judges, prosecutors, DNA staff, police offi cers and magistrates.   
• Ensure the legal and institutional stability of the anti-corruption framework, in particular 
by maintaining the current nomination and revocation procedure for the General 
Prosecutor of Romania, the Chief Prosecutor of  the National Anti-Co rruption Directorate 
and other leading positions in th e general prosecutor's office. 
The Act concerning the organisa tion and functioning of the DNA was not modified. Likewise 
no changes were made in relation to the nomin ation and revocation proc edures for relevant 
high level positions since the Commission's last  comprehensive report was issued in June 
2007. This represents a positive development. N onetheless, a series of Constitutional Court 
decisions and legislative modifi cations made over the last year could seriously weaken the 
fight against corruption.  
• A decision of the Constitutional Court delivered in July 2007 restricted the 
operation of the military section of DNA by prohibiting it from further 
investigating cases involving both civilians and military personnel. 
• In August Article 94 of the Fiscal Pro cedure Code was altered to forbid the 
taxation authority from drafti ng technical or scientific reports at the request of the 
criminal investigation authorities, and the special procedure enforced for investigating current ministers was ex tended to cover former ministers. 
• In October the Constitutional Court declar ed relevant provisions of the laws 
relating to minist erial accountability
9 unconstitutional. 
• Requirements for investigating ministers concurrently serving as Members of 
Parliament were tightened in March 2008. 
For investigations to begin, the assent of Parliament is now required, in addition to the 
consent of the President. Despite a public  statement on 22 April 2008 that no public 
procedures currently exist to process such re quests the Legal Committee of the Chamber of 
Deputies already advised the plenum in two cases.10 
In each case the relevant Constitutional Court deci sion or legislative amendment restricts the 
operation of an anti-corruption body, or increase s the requirements which must be satisfied 
before investigations can begin. At a practical level, implementation of the changes resulted in 
blockages and delays at the prosecution st age. Whilst the provisi ons of the Romanian 
Constitution must naturally be respected, these amendments do not aid effective 
investigations into allegations of high-leve l corruption, and may obstruct progress towards 
reaching this benchmark. Careful assessment of the impact of draft laws on the ability of relevant authorities to successfully investig ate and prosecute crimes  of corruption must 
become the norm if progress against th is benchmark is to be achieved. 
                                                
 
9 GEO 95/2007 and article 16 of Law 115/1999 were declared unconstitutional 
10 The Legal Committee of the Chamber of Deputies recommended against starting investigations 
concerning former transport minister Miron Mitrea in May 2008, and former Prime Minister Adrian 
Nastase in June 2008. 
EN 13   EN Against this background the need for institutiona l continuity must esp ecially be emphasised. 
In particular the nomination and revocation proc edures for relevant high level positions must 
be maintained. DNA's strong record of inve stigating and prosecuting prominent corruption 
cases should not be disrupted if progress toward this benchmark is to continue to advance.  
4. B ENCHMARK 4: TAKE FURTHER MEASURES TO PREVENT AND FIGHT AGAINST 
CORRUPTION , IN PARTICULAR WITHIN THE LOCAL GOVERNMENT . 
The number and variety of awareness campaigns undertaken by Romanian authorities 
show a willingness to act constructively to  combat local corruption. These campaigns 
have contributed to raising awareness abou t the disadvantages of corruption, but more 
measures need to be taken in order to explai n to average citizens how they could combat 
corruption. Research has not been conducted to determine the most vulnerable sectors, 
and authorities in some traditionally suscepti ble sectors, such as health and education, 
demonstrated little awareness of the extent of  the problem. Further critical analysis of 
the impact of campaigns and corruption within  different sectors is needed to enable 
more targeted actions in futu re. An effective and comprehen sive system to collect and 
follow-up corruption signals of diverse or igins providing for easy access and the 
protection of confidentiality is missing. 
Efforts to improve local administration serv ices were also made by bodies responsible 
for many different sectors. Revision of legislation, faster and more efficient procedures and improved public access to information are effective steps to reduce opportunities for corruption, though ongoing implementation must be monitored to ensure results are 
demonstrated in the long term. More investig ation and sanctioning of  public officials for 
corruption offences are necessary to reinf orce the message sent by the legal and 
administrative changes and awareness campaigns. 
Detailed Assessment
 
• Assess the results of the recently-conclu ded awareness-raising campaigns and, if 
necessary, propose follow-up activities that fo cus on the sectors with a high risk of 
corruption. 
Campaigns to combat corruption were initiated or continued by a wide variety of institutions. 
For example, the Ministry of Justice conduc ted the "No Bribe" campaign from 16 October 
2007 until 27 February 2008. A variety of media, internet and direct information methods 
were used to target different sectors of th e population with the overa ll message "don't bribe 
and don't accept bribes". The impact of the campaign was assessed by means of a sociological analysis conducted in February 2008, which gave the campaign a very positive evaluation. 
In May 2007, the General Anti-Corruption Directorat e (GAD) within the Ministry of Interior 
and Administrative Reform re-launched the "P ublic Awareness Campaign". It consisted of 
radio and television segments w ith real life corruption scenario s, and encouraged citizens to 
call the Green Helpline (TELVERDE) and receive  counselling and practical advice. Since 
May 2007 voice messages and calls to the Green Helpline have increased by 50%. Other measures were numerous, including anti-co rruption groups and youth training programmes 
conducted by the National Integrity Centre, an anti-corruption caravan organised by the 
Ministry of Interior and Admi nistrative Reform, and audio ca mpaigns and manuals prepared 
by the Agency for Governmental Strategies.  
EN 14   EN Whilst the extent of projects undertaken by different  institutions to combat local corruption is 
encouraging, the lack of analytical informati on or assessment of the campaign's impact makes 
their utility hard to measure. Although it must be recogn ised that a cultu ral change is 
necessary before corruption can be dramatical ly reduced, independent information does not 
reveal a positive trend at the local level. A st udy undertaken by Transparency International in 
April 2007 asked Romanian citizens a range of  questions regarding their perception of 
corruption. 38% of those surveyed said almost  all public institutions employees are corrupt, 
while 44% said that many are. Despite the fact that a majority agreed  with statements like 
"Corruption makes the rich even richer" or "Corruption lowers  the population living 
standards", 69% considered that failure to give  a bribe would result in their problems not 
being solved. It is clear from the survey that  whilst Romanians generally condemn corruption 
acts in principle, they consider that corrupti on is in practice widespr ead, and a problem which 
is beyond their control. 
Vulnerable sectors were not especially targ eted by the measures put in place. Instead 
authorities in fields such as health and edu cation denied the existence of a serious problem, 
citing as evidence the lack of complaints of corruption. They reported that the disciplinary 
structures in place were rarely used, citing ve ry low numbers of disciplinary measures taken 
and minimal sanctions delivered. However, reports  from civil society suggest that corruption 
is common practice, with neither  party involved in a corrupt transaction likely to complain 
about it. For example, a pilot study run by the Co alition for Clean Univer sities reported that 
universities have a high degree of  autonomy and administrative discretion due to the lack of 
transparency and of genuine accountability mechanisms such as students' evaluations and ethics committees.  
• Report on the use of measures to reduce the opp ortunities for corruption and to make local 
government more transparent, as well as on the sanctions taken against public officials, in 
particular those in local government. 
Many measures have been taken to improve the quality of public services and reform the 
administrative system, thus ensuring reduced opportunities for corrupti on. Services at both 
central and local levels were involved. For ex ample the Ministry of Economy and Finances, 
and the National Agency for Fiscal Administ ration acted to reduce timeframes for issuing 
important documents, revise relevant legisla tion, implement online faci lities, and streamline 
administrative procedures, in order to increase transparency within the business environment.  
In order to improve the work of the Nationa l Integrity Centre, a protocol was concluded 
between the Association for Implementation of Democracy (AID) and the Ministry for 
Interior and Administrative Reform (MIAR) in November 2007. New premises and facilities 
ensured the Centre's continued activity. Since th en anti-corruption groups and debates were 
organised in 20 different countie s, bringing together repres entatives of anti-corruption 
institutions and civil society. Proposals drafted as  a result of the debates will form the basis of 
national, local and regional pl ans to promote integrity. Measures anticipated include 
improving legislation, reforming local public administration and the institutional framework 
and development of best practis es in preventing corruption.  
A substantial twinning project funded thr ough PHARE and initiate d in December 2006 
assisted the National Civil Servants Agency to re-define its human resources policies and internal practices. These reforms were conducted with the aim of enhancing the transparency 
and integrity of the civil serv ants' performance in public offi ce. Improving civil servants' 
integrity was also the objective of the trai ning sessions organised for MIAR employees. A 
EN 15   EN total of 2225 meetings were attended by 32,50 0 people, including 1113 sessions specifically 
organised for staff in leading positions. 1664 in tegrity training sessions were conducted for all 
new employees, namely those 44,916 staff members hired since January 2006. Possibly 
inspired by the training se ssions conducted, 150 ministry personnel informed GAD about 
instances of bribery between July 2007 and May 2008, and 29 corruption notifications were 
received. According to recent information submitted by the Romanian authorities, between June 2007 and May 2008, GAD sent to the pr osecutor's offices 1144 prosecution files 
concerning corruption offences committed by MI RA staff; the prosecutors indicted 552 
persons, issued 132 public prosecution indi ctments and 87 administrative measures. 
The National Civil Servants Agency also central ised all data on breaches of code of conduct 
committed by civil servants at central and local level. Their reports, published on the 
Agency's website, reveal that in 2007- 2008 the disciplinary commission received 275 
notifications, 2 of which concerned incompatibili ties or conflict of interest, and 273 cases of 
infringement of the code of conduct. 240 sa nctions were given, most commonly written 
reprimands and financial penalties. Likewise personnel from the Ministry of Interior and 
Administrative Reform committed 3216 infringeme nts of the norms of conduct, in most cases 
receiving a reprimand, warning or financia l penalty. The National Agency for Fiscal 
Administration received 485 no tifications between June 20 07 and February 2008, of which 
134 resulted in disciplinary sanctions. 
Fraudulent abuse of EU funds wa s targeted by the Department for the Fight against Fraud, 
which opened 70 new cases between June 2007 and March 2008, raising the total number of 
cases under investigation to 105.  Of these, 68 cases were finalised and 37 cases are in 
progress. In 14 cases where potential fraud or irregularities were discovered, the cases were 
forwarded either to the DNA or to the comp etent prosecutor's office. Cooperation with its 
European Union counterpart, OLAF, also took  place, as did cooperation with Romanian 
General Police Inspectorate, Financial Guard and State Construction Inspectorate. Most 
recently, on 8 June 2008 the Government publis hed the National Anticorruption Strategy in 
Local Public Administration.  
Several measures taken under this benchmark show  how effective certain tools can be in the 
fight against corruption at a lo cal level. For example, meas ures taken to improve public 
services, such as reducing face to face cont act with institution staff and streamlining 
procedures may remove the opportunities for co rruption by local official s. These programmes 
can be effectively complemented by the follow up of ideas raised in public discussion within 
the anticorruption groups organized at local level.  
Nonetheless, independent information demonstr ates that problems in public administration 
persist. At the most public level, allegati ons of corruption amongst candidates for local 
elections persist. The Coalition for a Clean  Government, a civil society group including 
NGOs and trade unions monitored the integrity of candidates running for the Presidency of 
the County Councils in the June 2008 electoral campaign. This position is filled for the first 
time by direct election and is key for the implemen tation of EU funds on a local level. Out of 
150 candidates, the coalition found that 54 had previous integrity transgressions, such as a 
corruption charge by the prosecution, materially profited from conflicts of interest or broken 
fiscal regulations in the distri bution of funds. 13 of the 54 candi dates concerned were elected.  
In addition, administrative practice still su ffers from shortcomings that may encourage 
corruption. The persistence of such problems sugge sts that measures currently being taken are 
not yet having the required impact. These shortcom ings include a frequent  failure to respond 
EN 16   EN to public information requests, incomplete, inc onclusive or late information, and lack of 
professional training. 
The increased number of investigations and refe rrals of allegations of fraudulent abuse of EU 
funds indicate a promising trend. However more re sults must be demonstrated to be able to 
report real progress. Of more concern is the lack of sanctions being taken against public 
officials who commit acts of corruption. Sta tistics on disciplinary m easures taken against 
public officials show a predominance of infrin gements of the code of conduct and very few 
cases of incompatibility or conflict of intere st. Accordingly the sanc tions given are usually 
lower-level penalties, usually consisting of a warning, reprima nd or financial penalty. Whilst 
adherence to the codes of ethics  is naturally desirable, these statistics do not demonstrate an 
effective system for investigating and sanctioning cases of corruption within local administration.