List of preventive measures and evaluation indicators

Number

Preventive measure

Legislative act

(the list is not exhaustive)

Evaluation indicators

1.

Code of ethics/deontology/conduct

Government Emergency Ordinance no. 57/2019 regarding the Administrative Code, with subsequent amendments and supplements

Order of the General Secretariat of the Government no. 600/2018 on the approval of the Internal managerial control Code for public entities

Law no. 303/2004 on the statute of judges and prosecutors, republished, with subsequent amendments and supplements

Government’s Decision no. 991/2005 on the approval of the Code of ethics and deontology of police workers

Decision of the Supreme Council of Magistracy no. 328/2005 on the approval of the Code of ethics and deontology of judges and prosecutors

Parliament’s Decision no. 77 from 11 October 2017 regarding de Code of conduct of deputies and senators     

Number of complaints concerning breaches of the code

Number of complaints solved

The average duration of the procedures

Number of decisions by which the breach of the code was confirmed

Number of decisions overturned by the court 

Employees’ level of knowledge of the code

Number of persons trained through professional training activities  

2.

Declaration of assets

Government Emergency Ordinance no. 57/2019 regarding the Administrative Code, with subsequent amendments and supplements

Law no. 176/2010 on integrity in the exercise of public functions and mandates and to amend and supplement Law no. 144/2007 on the creation, organization and operation of the National Integrity Agency, as well as to amend and supplement other legislative acts

Law no. 161/2003 on certain measures to ensure transparency in the exercise of public mandates, public functions and in the business environment, the prevention and sanctioning of corruption, as subsequently amended and supplemented

Number of persons who have the obligation to submit the declaration of assets

Number of persons who did not submit the declarations of assets within the period prescribed

Number of persons who did not submit declarations of assets

Number of ANI complaints

Number of ANI decisions regarding the institution’s employees

Number of ANI decisions enforced  

Number of consultations provided by persons in charge of the implementation of the legal provisions concerning the declarations of assets and declarations of interests

Employees’ level of knowledge of the rules concerning the declaration of assets

Number of persons trained through professional training activities

3.

Declaration of gifts

Law no. 251/2004 on some measures concerning goods received as gifts on occasion of some protocol actions during the exercise of the mandate or function

Number of gifts registered in the registry

Number of gifts published on the institution’s website

Number of gifts kept by the employee

Employees’ level of knowledge of the rules concerning the declaration of gifts

Number of persons trained through professional training activities

4.

Conflicts of interest   

Government Emergency Ordinance no. 57/2019 regarding the Administrative Code, with subsequent amendments and supplements

Law no. 176/2010 on integrity in the exercise of public functions and mandates and to amend and supplement Law no. 144/2007 on the creation, organization and operation of the  National Integrity Agency, as well as to amend and supplement other legislative acts

Law no. 161/2003 on certain measures to ensure transparency in the exercise of public mandates, public functions and in the business environment, the prevention and sanctioning of corruption, as subsequently amended and supplemented

The criminal code

Number of persons who have the obligation to submit the declaration of interest

Number of persons who did not submit the declarations of assets within the period prescribed

Number of declarations of abstention

Number of situations in which the manager ordered the replacement of the person in a potential conflict of interest

Number of complaints received by the institution from third parties concerning the existence of a conflict of interest

Number of ANI decisions by which the conflict of interest was ascertained

Employees’ level of knowledge of the rules concerning the conflict of interest

Number of persons trained through professional training activities

Number of procurement procedures analyzed in PREVENT

Number of integrity warnings issued 

Number of conflicts of interest avoided by using the PREVENT system

5.

Ethics advisor

Government Emergency Ordinance no. 57/2019 regarding the Administrative Code, with subsequent amendments and supplements

Number of consultation sessions

Employees’ level of knowledge of the rules concerning the ethics advisor

Number of persons trained through professional training activities

6.

Incompatibilities

Government Emergency Ordinance no. 57/2019 regarding the Administrative Code, with subsequent amendments and supplements

Law no. 176/2010 on integrity in the exercise of public functions and mandates and to amend and supplement Law no. 144/2007 on the creation, organization and operation of the  National Integrity Agency, as well as to amend and supplement other legislative acts

Law no. 161/2003 on certain measures to ensure transparency in the exercise of public mandates, public functions and in the business environment, the prevention and sanctioning of corruption, as subsequently amended and supplemented

Number of persons in incompatibility

Number of complaints to ANI submitted by the institution   

Number of complaints received by the institution from third parties concerning an incompatibility situation 

Number of ANI decisions concerning the identification of incompatibilities regardless of the way of notification

Number of decisions confirmed by the court

Employees’ level of knowledge of the rules concerning the incompatibilities  

Number of persons trained through professional training activities

7.

Transparency of the decision-making process

Law no. 52/2003 on transparency within the decision-making process in public administration, with subsequent amendments and supplements

Government Emergency Ordinance no. 57/2019 regarding the Administrative Code, with subsequent amendments and supplements

Number of adopted draft laws

Number of public notes concerning draft laws

Number of recommendations submitted by the civil society within the process of transparency in relation with the decision-making process for the initiation, amendment or supplementation of some legislative acts

Degree of acceptance and assumption of recommendations received from the civil society concerning draft laws subject to public consultation (as a percentage between the total number of recommendations submitted and the number of proposals assumed)

Number of draft laws amended following the consultation process

Number of public sessions organized upon initiative of the institution

Number of public debates organized

Number of participants to the public sessions

Number of public sessions organized upon request of the civil society

Number of public sessions minutes published

Number of court complaints concerning non-compliance with the legal provisions by the institution

Number of persons trained through professional training activities

Number of annual reports concerning transparency within the decision-making process available on the website of the institution;

Number of decision makers registered in the Sole Register of Interest Transparency

Number of meetings reported in the Sole Register of Interest Transparency by the decision makers to which the Register refers to

Employees’ level of knowledge of the rules concerning the transparency

Number of persons trained through professional training activities

8.

Access to information of public interest  

Law no. 544/2001 on the free access to information of public interest, with subsequent amendments

Emergency Ordinance no. 57/2019 regarding the Administrative Code, with subsequent amendments and supplements

Number of data sets disclosed in open format on the platform data.gov.ro

Number of requests for information of public interest received

Number of responses communicated within the period prescribed

Number of administrative complaints

Number of administrative complaints favorably solved

Number of court complaints

Number of final court decisions given in favor of the applicant following the complaints about communication of information of public interest

Number of sanctions ordered for non-compliance with the legal obligations

Number of persons trained through professional training activities

Employees’ level of knowledge of the rules concerning the access to information of public interest 

9.

Whistleblower protection

Law on the whistleblower’s protection (the Law transposing the Directive (EU) 2019/1937)

Number of complaints

Number of investigations and procedures initiated as a result of these complaints and their solutions

Number of cases of retaliation at the work place

Number of complaints in court

The estimated financial prejudice and the amounts recovered following the investigations and procedures regarding the break of rules reported (if confirmed) 

Number of persons trained through professional training activities

10.

Post-employment in public institutions interdictions

(revolving doors)

Law no. 161/2003 on certain measures to ensure transparency in the exercise of public mandates, public functions and in the business environment, the prevention and sanctioning of corruption, as subsequently amended and supplemented [art. 94 para.1 (3)]

Government’s emergency ordinance no. 66/2011 on the prevention, identification and sanctioning of European funds and/or national public funds in relation to them, as subsequently amended and supplemented [art. 13 para. (1)]

Law no. 98/2016 regarding public procurement [Section 4 Rules to avoid the conflict of interests art. 61]

Number of breaches of the legal framework  

Number of requests to the courts for annulment of the financing contract in case of breach of the provisions of 13 para. (1)

Number of sanctions ordered by courts

11.

Sensitive functions

Order of the General Secretariat of the Government no. 600/2018 for the approval of the Code of internal managerial control of public entities

Number of sensitive functions identified and inventoried

Number of control measures which are adequate and sufficient for the administration and management of sensitive functions

12.

The assessment of corruption risks in authorities and public institutions from central and local

HG no. 599 approved the Standard methodology for the assessment of corruption risks in central public authorities and institutions, the indicators for estimating the likelihood of corruption risks occurring, indicators for estimating the impact of corruption risks occurrence and the template for the Corruption Risks Register, as well as the Evaluation methodology of the integrity incidents in central public authorities and institutions, together with the template for the annual Report on the evaluation of the integrity incidents

Number of risks identified

Number of intervention measures

13.

The assessment of the integrity incidents in authorities and public institutions from central and local

HG no. 599 approved the Standard methodology for the assessment of corruption risks in central public authorities and institutions, the indicators for estimating the likelihood of corruption risks occurring, indicators for estimating the impact of corruption risks occurrence and the template for the Corruption Risks Register, as well as the Evaluation methodology of the integrity incidents in central public authorities and institutions, together with the template for the annual Report on the evaluation of the integrity incidents

Number of integrity incidents

Number of persons in management positions who have committed integrity incidents

Number of persons in executive positions who have committed integrity incidents

Number of control measures implemented