Acest site este finanțat prin Mecanismul Financiar Norvegian 2014-2021. Proiect NAS-EVAL. Acest site este finanțat prin Mecanismul Financiar Norvegian 2014-2021. Proiect NAS-EVAL.
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General objective no. 1 – INCREASING THE LEVEL OF IMPLEMENTATION OF tHE INTEGRITY MEASURES AT ORGANIZATIONAL LEVEL |
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Specific objective no. 1.1. - Implementing the integrity measures at national level |
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Performance indicators |
Risks |
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1.Adopting and disseminating within the institution the statement on the undertaking of an organizational integrity agenda |
Declaration adopted Declaration disseminated |
Adopting of a declaration which was not adjusted to the institutional context Low employee engagement |
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2.Adopting and disseminating within the institution the integrity plan, following consultations with employees and the risk assessment according to GD no. 599/2018 and ensuring the necessary resources for the implementation thereof |
Integrity plan adopted Persons appointed to monitor integrity plan implementation Types of resources actually allocated |
Low employee engagement Purely formal consultation Failure to allocate the necessary human and financial resources |
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3.Annual evaluation of the implementation of the plan and its adaptation to new risks and vulnerabilities |
Review Report drafted and published on the institution website Plan adapted and published on the institution website, as applicable |
Formal nature of the action in the absence of a risk assessment methodology |
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4.Identifying, analysing, evaluating and monitoring the risks of corruption, as well as establishing and implementing measures to prevent and control them, according to the provisions of GD no. 599/2018 |
Corruption Risk Registry filled in Number of risks and vulnerabilities identified Number of intervention measures Training the Working Group members for the effective implementation of the risk assessment methodology |
Formal nature of the action in the absence of a risk assessment methodology |
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5.Identifying, evaluating and unitary reporting of integrity incidents, according to the provisions of GD no. 599/2018, as well as the establishing prevention and or control measures if such incidents occur |
Reports drafted Number of incidents identified Number and type of prevention and/or control actions implemented |
Wrongful identification of acts as integrity incidents Lack of relevance of data due to the wrongful identification of acts as integrity incidents |
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6.Submission of contributions requested by the technical secretariat and participation in strategy coordination and monitoring activities |
Participation in cooperation platforms meetings Submission of annual reports on the implementation of the actions included in the strategy, together with annexes filled in following indicator collection Participation in the thematic evaluation missions |
Incomplete or delayed data submission Failure to allocate the necessary human and financial resources |
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7.Enhancing the use of the new NAS portal to increase public awareness of NAS implementation monitoring, new trends and developments in the field of integrity |
Data sets uploaded by the relevant institutions (according to obligations deriving from NAS) Number of times portal was accessed |
Poor functioning of the portal Limited access to the internet Poor accuracy of the data uploaded Inconsistent reporting |
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8.Monitoring the development and implementation of the integrity plan within three public institutions, in a pilot system |
Monitoring report drafted
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Lack of cooperation by institution managers under the pilot project Formal character of the action |
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9.Improving the criteria for the selection, promotion and/or rewarding of persons in public office, by strengthening guarantees of integrity, also considering deviations from ethical standards |
Legislation analysis performed Legislative or other proposals drafted based on the analysis conclusions |
Failure to allocate the necessary human and financial resources
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Specific objective no. 1.2. - Improving international cooperation in the integrity field |
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1.Promoting Romania's active role in regional and international anti-corruption initiatives |
Number of events and projects promoting RO’s active role Number and type of activities undertaken
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Formal engagement Reserves of other Member States concerning RO’s activity Failure to implement international recommendations for RO Incomplete or delayed submission of answers to requests submitted by international organisations |
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2. Improving the exchange of information and cooperation with authorities and similar structures in other states, international bodies and agencies, in order to promote integrity |
Number of data sets/documents including information which is part of the exchange Number of new initiatives commenced with authorities and similar structures from other countries, international bodies and agencies with a view to promote integrity |
Formal engagement Reserves of other Member States concerning RO’s activity
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3. Increasing the use of the tools provided for in the documents adopted at regional or international level aimed at intensifying international cooperation in preventing and combating corruption |
Number of instruments used Number of actions involving international cooperation matters |
Formal use of the instruments Reserves of other Member States concerning RO’s activity |
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General objective 2 - Reduceing the impact of corruption on citizens |
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Performance indicators |
Risks |
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1.Increasing the level of anti-corruption education of citizens and public officials, with an emphasis on their rights in relation to public authorities and institutions and the impact of corruption on public services
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Number and types of activities to enhance anti-corruption education Number of beneficiaries of activities to enhance anti-corruption education Feedback provided by participants on the quality of activities to enhance anti-corruption education Participants’ outcomes in the assessment tests under anti-corruption training activities |
Failure to allocate the necessary human and financial resources Low level of participation and engagement Formal character of activities Poor quality of activities to enhance anti-corruption education |
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2.Strengthening the professionalism of public sector staff, including through an effective application of performance appraisal mechanisms, avoidance of temporary appointments to public management positions, transparency of recruitment procedures in the public sector and ensuring the stability of the public office |
Number of public institutions which performed staff performance appraisal Number of public officials appraised Number and type of measures taken following appraisals Number of permanent management positions Percentage of permanent management positions in the total number of management positions in the institution Number and type of measures taken to ensure visibility of recruitment advertising |
Formal appraisal of public officials Failure to allocate the necessary human and financial resources
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3.Ensuring effective protection of citizens who report alleged integrity incidents committed by public service providers
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Number of notifications on integrity incidents which remained unsolved Percentage of notifications on integrity incidents in the total number of notifications registered with the institution Measures taken following the reports Number and type of protection measures effectively applied to citizens |
Failure to effectively implement protection measures Failure to allocate the necessary human and financial resources Non-correlation of data regarding the notifications which were processed by of several institutions |
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4.Developing a civic culture to fight against the "small" corruption phenomenon, including through the use of new technologies (e.g. social media)
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Number of notifications submitted by citizens Number and type of channels used Number of awareness campaigns organised Number of public education activities Number of educational materials disseminated Number of preventive messages (posts) published on the online institutional communication channels (Facebook, Instagram, Twitter, YouTube, etc.) |
Failure to allocate the necessary human and financial resources Failure to engage citizens in such efforts Limited access to the internet Lack of specialists in online communications
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5.Digitization of automated public services in order to reduce the risks of corruption generated by direct interaction with public officials |
Number of digitised public services |
Failure to allocate the necessary human and financial resources Limited access to the internet |
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6.Transparent regulation of procedures for quick (or urgent) access to public services |
Number of transparent procedures to obtain promptly (as a matter of urgency) public services Number of measures taken to ensure effective information on the procedures to obtain promptly (as a matter of urgency) public services Number of public services provided following the procedures to obtain promptly (as a matter of urgency) |
Failure to allocate the necessary human and financial resources Failure to use procedures to obtain promptly (as a matter of urgency) public services Setting disproportionate tariffs |
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7.Ex-post evaluation of public policies in terms of performance, profitability and public spending |
Number of ex-post reviews on public policy performance Number of remedial actions taken following ex-post reviews |
Lack of necessary information on efforts to implement public policies Lack of specialist personnel to perform such reviews Lack of necessary information on expenditure |
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General objective 3 - STRENGTHENING INSTITUTIONAL MANAGEMENT AND ADMINISTRATIVE CAPACITY TO PREVENT AND COMBAT CORRUPTION |
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Specific objective no. 3.1. - Streamlining anti-corruption prevention measures by addressing gaps and legislative inconsistencies, as well as ensuring their effective implementation |
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Performance indicators |
Risks |
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1.Reviewing the legal framework regarding the ethics counsellor in order to consolidate his/her status and mandate (considering subsequent evolutions: analysis of the need to strengthen the status of the ethics counsellor by regulating a separate function, which is not added to current duties, and by considering a change of temporary status - either in the sense of permanence or in the sense of increasing the 3-year period) |
Analysis performed Legal provisions on amendment adopted |
Failure to allocate the necessary human and financial resources Lack of necessary information to conduct the analysis Conclusions which do not support the need for amendments Delays in the adoption of the legislative act Interested public institutions fail to engage in drafting the legislative act |
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2. Ensuring the functioning of a national network of ethics counsellors (annual events for training and dissemination of best practices) |
Operational National Ethics Advisors Network Number of annual events organised Number of training sessions delivered Number and type of information resources disseminated within the network |
Lack of interest by the public institution personnel/management Failure to allocate the necessary human and financial resources Failure to use the national network by ethics advisors |
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3.Ensuring that the guardianship institutions effectively and uniformly apply the regulations which transpose the provisions of Directive 2019/1937, in all their subordinate structures, including in public companies |
Number of reports Number of internal procedures harmonised/developed pursuant to legal provisions Number and type of reporting channels used within institutions Number of institutions where there are designated persons/departments in charge with collecting whistle-blowers’ notifications Number of administrative actions adopted to remove the causes or circumstances favouring the breach of rules, broken down by typology Number of workplace retaliation cases Number of complaints lodged with courts |
Lack of interest by the public institution personnel/management Failure to allocate the necessary human and financial resources
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4.Organizing information sessions for the public and private sectors on the new legal framework for transposing the provisions of Directive 2019/1937 |
Number of training sessions organised Number of people trained Feedback from the people trained |
Lack of interest by the public institution personnel/management Failure to allocate the necessary human and financial resources |
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5.Drafting a guide on the whistle-blower protection which includes good practices identified at national and European level |
Guidelines developed Number of good practices identified |
Failure to allocate the necessary human and financial resources Failure to identify good practices
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6.Establishing a unitary legal framework for the regulation of post-employment interdictions from the public to the private system and vice versa, control procedures regarding their observance and sanctions related to the violation of such interdictions, as well as the establishment of a priori verification procedures by private sector employers of observance of employment interdictions |
Legal provisions adopted
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Delays in the adoption of the legislative amendments Impossibility to include extended categories in the regulation Delays in the regulation and implementation of supervisory procedures |
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Specific objective no. 3.2. - Extending the culture of transparency for an open government in public administration |
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Performance indicators |
Risks |
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1.Monitoring and evaluating the application by the central and local public administration of the general standard for publishing information of public interest provided in Annex no. 4
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Monitoring report drafted and adopted |
Failure to allocate the necessary human and financial resources Lack of involvement by central and local public administration Poor implementation of general standards on the publication of information of public interest Formal development of the monitoring report |
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2.Amending the legal framework in order to ensure the uniform application of the general standard for the ex-officio publication of public interest information at the level of central and local public authorities
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Legal provisions adopted
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Delays in the adoption of the legislative act Non-unitary implementation of general standards on the ex-officio publication of information of public interest Failure to monitor developments in the ex-officio publication of information of public interest |
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3.Ensuring the operational and legal framework for the use of the platform E-consultare - centralized catalogue for the publication of draft laws for public consultation purposes |
Legal provisions adopted Platform developed Number and type of documents published for public consultation
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Delays in the adoption of the legislative act Delays in the operational concept development Failure to allocate the necessary human and financial resources Limited access to the internet |
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4.Developing the CONECT platform (Catalogue of Non-Governmental Organizations for Evidence, Consultation and Transparency) to support the proper takeover by the public administration authorities of the specialization at the level of civil society |
Platform developed Number of non-governmental organisations involved Number of existing data sets |
Delays in the operational concept development Poor database interconnection Failure to allocate the necessary human and financial resources Limited access to the internet |
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5.Strengthening and extending the Single Register of Transparency of Interests (RUTI) platform at the level of the Romanian Parliament and local public administration, as well as by raising awareness of the importance of the principles of integrity and transparency and integrity in decision-making processes |
Legal provisions adopted Number of members of the Parliament using RUTI Number of local public authorities using RUTI
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Delays in the adoption of the legislative act Failure to use RUTI by target audience Failure to allocate the necessary human and financial resources
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6. Updating the single record of non-profit legal entities with public utility status and supporting the initiating authorities in order to monitor and assess the application of the provisions of GO no. 26/2000 regarding the public utility status |
Updated records (including the following indicators): - Name, - Legal ground, - Year in which the status was obtained. |
Failure to identify all legal persons organised as public utilities
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Specific objective 3.3 - Improving the capacity to deal with management failures by correlating instruments that have an impact on the early identification of institutional risks and vulnerabilities |
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Performance indicators |
Risks |
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1.Performing an internal audit, once every two years, of the corruption prevention system at the level of all public authorities |
Number of recommendations issued Degree of implementation of the recommendations issued Consolidated audit structures |
Failure to allocate the necessary human and financial resources Lack of cooperation by public authorities |
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2.Performing external audits of organizational integrity systems at the level of central public administration and, subsequently, at the level of local public administration |
Number of central public administration institutions subject to external audits Number of local public administration institutions subject to external audits |
Failure to allocate the necessary human and financial resources Lack of cooperation by public authorities Lack of external auditors specialised in integrity topics Delays in the implementation of external audit missions
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3.Assessing the internal managerial control mechanism from the perspective of standard no. 1 - ethics, integrity, in order to identify possible vulnerabilities |
Number of conclusions and recommendations following the evaluation of the internal management supervision mechanism Number of measures implemented following the completion of the evaluation |
Failure to allocate the necessary human and financial resources Delays in the evaluation development |
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4.Strengthening corruption risk management mechanisms by developing dedicated IT applications |
Number of IT applications developed Rate of application use by the personnel |
Failure to allocate the necessary human and financial resources Lack of interest or knowledge by the personnel Technical difficulties Improper/difficult use of the applications developed |
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5.Developing the National Anti-Fraud Strategy 2021-2027, under the coordination of the Fight Against Fraud Department |
Draft Strategy under public debate Legal provisions adopted
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Delays in the development of the draft strategic document Lack of an action plan or of a strategy monitoring mechanism |
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6.Organizing awareness-raising and training activities in order to streamline cooperation with EPPO during the investigations or the criminal prosecutions conducted in accordance with the principle of sincere cooperation |
Number of awareness and training actions organised Number of participants in the training sessions Feedback from the people trained |
Failure to allocate the necessary human and financial resources Lack of interest by the personnel
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General objective 4 - STRENGTHENING INTEGRITY IN PRIORITY FIELDS OF ACTIVITY |
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Specific objective no. 4.1. – Strengthening integrity, reducing vulnerabilities and the risk of corruption in the public health system |
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Performance indicators |
Risks |
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1.Strengthening the mechanism for prioritizing budget allocations and evaluating the appropriateness of the decisions of the MH and CNAS on the use of public funds according to specific methodologies
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Consolidated investment prioritisation mechanism Staff employed and mechanism consolidated Normative act published on the obligation to fill in the national registries Disease registries operational at national level Operational mechanism for monitoring the implementation of clinical guides |
Failure to allocate the necessary human and financial resources Inefficient control on the introduction and validation of data in registries / Defective process of ensuring the quality of the data introduced Faulty implementation of software solutions at national or local level |
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2. Ensuring transparency of the use of public resources through the centralized publication of data on procurement procedures in the health sector (on the www.ms.ro website and other IT platforms) |
Normative act laying down the obligation to upload information on public procurement contracts and addenda on the website on the website www.ms.ro and on other IT platforms.
Number and type of data sets published on the website www.ms.ro and on other IT platforms. All value transfers between the medical staff and the pharmaceutical industry disclosed through NMA |
Lack of cooperation between institutions managers for transparent disclosure of data Problems with the implementation of the software solution Faulty implementation of software solutions at national or local level |
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3. Supplementing and consolidating the control and integrity structures of the MH and CNAS |
Legislative act amended in order to enable the Minister of Health to order the performance of inspections in facilities which are not under the subordination of the Ministry of Health, without the approval of local authorities/private health care facilities Amendments to the Regulation on the organisation and functioning (ROF) of MH and NHIH Number of partnerships with national and international institutions specialised in the prevention of fraud and corruption in the healthcare system (for example EHFCN) |
Failure to allocate the necessary human and financial resources
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4. Establishing at MH and CNAS level a joint mechanism for monitoring and controlling suppliers in the social health insurance system |
Order of the Health Minister and of the president of the NHIH on the determination of the methodology for the monitoring and control within the joint control actions for the providers within the health insurance fund system Additional staff employed within the MH Number of alerts generated by the monitoring mechanism which led to the performance of inspections Numbers of inspections performed Software solution developed and operational |
Failure to allocate the necessary human and financial resources Delays in the adoption of the legislative act Faulty implementation of software solutions at national or local level |
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5.Strengthening the mechanism of traceability of medicine on the Romanian market |
Medicrime Convention ratified |
Failure to adopt the legislative act The legislative act adopted does not ensure compliance with the provisions of the Medicrime Convention |
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6. Providing in the management contract of the public hospitals of some evaluation indicators by which the acts of corruption, incompatibilities, abuses and conflicts of interests of the subordinate personnel are considered management failures |
Introduction of a standard public hospital management contract which should include the evaluation indicators which classify acts of corruption, incompatibilities, abuses and conflicts of interests of the subordinate personnel as management failures; Updating prior management contracts Number and type of measures taken to resolve management failures |
Failure to allocate the necessary human and financial resources Failure to approve the standard public hospital management contract which should include the evaluation indicators which classify acts of corruption, incompatibilities, abuses and conflicts of interests of the subordinate personnel as management failures |
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7.Optimizing the implementation of the Standard Methodology for assessing the risks of corruption within central public authorities and institutions of the public health system |
Number and type of measures taken to streamline implementation Number of risks identified Number and type of intervention measures |
Failure to allocate the necessary human and financial resources |
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8. Carrying out continuous methodological guidance activities on issues related to transparency, ethics and integrity, dedicated to the staff of the institutions in the public health system |
Number and type of activities organised Feedback provided by the target group |
Failure to allocate the necessary human and financial resources Lack of interest by the target group |
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Specific objective 4.2. – Increasing integrity, reducing vulnerabilities and the risk of corruption in the national education system |
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Performance indicators |
Risks |
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1.Tackling topics related to the prevention of victimization and discrimination, the rule of law, the management of aggression and the prevention of corruption in the curricula of disciplines which target the development and diversification of social and civic competences in pre-college education
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Number of teachers trained to teach topics related to the prevention of victimisation and discrimination, aggression management, corruption prevention Number and type of topics/exercises included in the curriculum for the subject-matter targeting the development and diversification of social and civic competences in pre-university education |
Failure to allocate the necessary human and financial resources Lack of teachers specifically trained to teach such topics Formal topic delivery Lack of interest by students |
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2.Approving a guideline for drafting the ethics code for the pre-college education, adapted to specific needs |
Guidelines developed, approved and disseminated |
Failure to use the guidelines on the development of the code of ethics |
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3. Strengthening the standardized publishing information concerning the revenue, expenditure, public procurement, sponsorships, as well as the academic activity at the level of public schools/colleges (centralized publishing / aggregated)
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Annual report concerning the research, academic and financial activity, drafted and disclosed Google academic profile of each teacher Number of declarations of assets and of interests published by persons in managing and control capacity within public education institutions Revenue and expenditure amounts disclosed Number of budgetary executions disclosed Number of public contracts disclosed Goods and services purchased Annual amount of sponsorships received disclosed |
Opacity of education institutions Lack of Google academic profiles
Failure to allocate the necessary human and financial resources
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4.Extending the protocol on legal education in schools, universities included |
Conclusion of an extended protocol Number and type of activities carried out based on this protocol |
Failure to allocate the necessary human and financial resources Failure to organise activities based on this protocol Lack of interest in organising activities |
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5. Strengthening the mechanisms for authorization / accreditation / certification of anti-corruption courses providers from the perspective of service quality, including by establishing a mechanism for continuous evaluation of service quality and developing a mechanism for random selection of NQA evaluators for the final exams, in compliance with the obligations to avoid conflicts of interest and the revolving doors situations between them and the training providers |
Establishment of clear accreditation criteria; Ensuring transparency of the accreditation procedure Mechanism for the continuing evaluation of the quality of services in place Random selection system developed
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Failure to allocate the necessary human and financial resources |
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6. Regulating in the primary legislation the situations that may generate conflicts of interest or incompatibilities among teachers, such as: teaching private lessons to students from their own school classes, after-schools activities carried out by teachers for students from their own classes, developing exam subjects for students from their own classes |
Identification of situations which may generate conflicts of interest or incompatibilities Normative act revised, supplemented, adopted to include clear bans targeting practices like private lessons delivered by teachers to students in their own class, after-schools held by teachers with students from their own class, development of the examination subjects by the teaching staff for the students from their own classes |
Failure to allocate the necessary human and financial resources Delays in the adoption of the normative act
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7. Increasing objectivity by identifying IT solutions in order to decide the composition of evaluation formats within the education system (such as ARACIS, ARACIP, CNPEE) |
Operational IT solutions |
Failure to allocate the necessary human and financial resources |
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8. Ensuring the correctness of teachers' assessments in accordance with the objectives of the curricula and the rules of integrity by establishing a standard procedure for random selection of evaluation committees’ members |
Standard random selection procedure for teacher assessment committees developed |
Failure to allocate the necessary human and financial resources |
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9. Organizing courses on ethics and integrity, especially for higher education teachers who teach courses on ethics and integrity, and focusing on ethical issues in research methodology courses in university education |
Number of course organised Feedback provided by the target group |
Failure to allocate the necessary human and financial resources Lack of interest in organising courses |
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10. Using of anti-plagiarism software both for major exams (bachelor's theses, dissertations, doctoral theses etc.) in higher education, and for current exams (e.g. essays) |
Regulating the use of anti-plagiarism software both for major assessments (Bachelor, Master’s, doctoral thesis etc.) in higher education and for ongoing assessment during study programmes (e.g., essays) |
Failure to allocate the necessary human and financial resources Lack of interest for their use |
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11.Ensuring the uniform application of integrity standards, with the by Ministry of Education playing an active role in supporting/ ensuring the methodological guidance of all those responsible for the implementation of the NAS in its subordinate or coordinated units, including by developing guiding procedures |
Number and type of support/guidance activities organised Number of template procedures developed Delivery of activities to raise awareness on the template procedures developed |
Failure to allocate the necessary human and financial resources Lack of interest by the target group |
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12. Ensuring transparency and standardization of decision-making processes in the field of quality assurance, while clarifying the roles of public institutions with responsibilities in the field (e.g. MEN - ARACIS), so that decisions in the field are predictable and easy to follow by their beneficiaries. and by society as a whole. For example, the transparency of how to set the maximum recommended number of students. |
Number and type of measures taken for more transparent processes Standardised decision-making processes in the field of quality assurance, and clarification of the roles of the relevant public institutions in the field, established and disseminated |
Failure to allocate the necessary human and financial resources Lack of interest by the target group |
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13. Impact assessment and, where appropriate, regular review of tools for monitoring, evaluating and sanctioning deviations from academic ethics and integrity |
Impact assessment in case of deviations from academic ethics and integrity, with recommendations provided, as appropriate Review of monitoring and evaluation instruments, as appropriate, based on the needs identified during evaluation |
Failure to allocate the necessary human and financial resources Formal character of the action
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Specific objective 4.3 – Increasing integrity, reducing vulnerabilities and the risk of corruption in the local public administration |
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Performance indicators |
Risks |
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1.Developing a unitary regulatory framework on the administrative procedures available at TAUs, thus reducing the degree of vulnerability
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Guidelines on procedure development Number of topics considered for guidelines development Number of institutions which adopted/reviewed their procedures according to guidelines |
Failure to allocate the necessary human and financial resources |
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2.Automating the authorization process (for the five administrative procedures described in the Study on the analysis of administrative procedures as being most vulnerable for corruption) and minimize the interaction between the civil servant and the citizens |
Development of a national online platform for the administrative procedures identified as most vulnerable to corruption
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Failure to allocate the necessary human and financial resources Delays in the adoption of legislative acts, methodological norms and procedures
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3.Annual updating of the integrity index within the local public administration |
Integrity index in the local public administration updated and published
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Failure to allocate the necessary human and financial resources Delays in updating the integrity index |
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4.Implementing joint projects / activities with the participation of local public authorities and civil society representatives, with the aim of preventing corruption, promoting ethics and integrity |
Number and type of activities carried out Sustainability of projects/activities implemented Feedback provided by the target group |
Failure to allocate the necessary human and financial resources Lack of engagement by local public authorities and by representatives of the civil society |
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5.Establishing eligibility criteria from the perspective of the integrity framework applicable to LPAs for accessing public funding |
Number and type of conditions established Monitoring procedure/measures to check whether the conditions are fulfilled Legal provisions adopted |
Failure to apply the eligibility conditions established by the normative act Failure to monitor fulfilment of eligibility conditions |
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6. Ensuring transparency of funding procedures through national investment programs and streamlining mechanisms for collecting and publishing data on the implementation of projects financed by the programme |
Number of information published Data collection and publication mechanisms operational |
Failure to allocate the necessary human and financial resources Failure to enforce the normative act adopted |
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Specific objective no. 4.4. - Increasing integrity, reducing vulnerabilities and the risk of corruption in public procurement |
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Performance indicators |
Risks |
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1. 1. Performing an analysis of judicial practice in public procurement, a useful analysis for the unification of practice, including by promoting the appeals in the interest of the law (measure taken over from the NAS 2012-2015) |
Number of contradictory final decisions analysed Number of appeals in the interest of the law promoted |
Failure to allocate the necessary human resources to perform the analysis Non reporting the inconsistent practice |
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2. Developing a national risk map with the purpose to identify the functions involved in public procurement that are vulnerable to corruption, the areas where public procurement is more prone to corruption and the stages of public procurement procedures where signs of corruption appear |
Number of functions vulnerable to corruption identified Number of public procurement fields more exposed to corruption
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Failure to accurately identify areas exposed to corruption Formal character of the action Failure to allocate the necessary human and financial resources |
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3. Attracting and retaining public procurement staff in the system, including by strengthening their status, staff training programmes and ensuring an adequate protection regime against intimidation or corruption attempts |
Amendment to regulations to strengthen their statute New hire/exits ratio Number of complaints on alleged corruption and/or intimidation attempts filed to prosecution bodies |
Delays in the adoption of a normative act to strengthen statute Failure to effectively implement protection measures Inefficient staff retention measures for public procurement professionals |
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4. Developing guidelines for direct public procurement and models for institutional procedures exempted from Law no. 98/2016 on public procurement, as subsequently amended and supplemented |
Number of guidelines developed Number of template procedures developed |
Failure to allocate the necessary human and financial resources Failure to implement the guidelines developed |
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5. Further reforming the ex-ante control by increasing the capacity of the staff involved in this activity to identify those elements that may affect the intensity and quality of competition in the verified award procedures |
Number of persons involved in ex-ante control performance which benefited from training
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Failure to allocate the necessary human and financial resources Failure to accurately identify those elements which may affect the intensity and the quality of competition under the award procedures checked |
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7. Introducing in the procurement documentation of questionnaires on the bidders' integrity programmes. |
Adoption of a normative act supplementing public procurement documentation Number of questionnaires filled in Number of risks identified |
Delays in the adoption of the legislative act
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Specific objective no. 4.5. - Increasing integrity, reducing vulnerabilities and the risk of corruption in the business environment |
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Performance indicators |
Risks |
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1.Continuing to pursue Romania’s objective to become a full-fledged member of the OECD and its relevant workgroups, especially the Working Group on Bribery. This shall also include the full endorsement and implementation of the OECD convention on combating bribery of foreign public officials in international business transactions, adopted in Paris on 21 November 1997, entered into force on 15 February 1999 |
Finalising the implementation of the joint programme with the OECD Secretariat Projects/activities for integrity promotion in the business environment
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Reserves of the OECD member states concerning the extension of the working group Failure to implement OECD recommendations |
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2. Regulating the introduction of the compliance function in public enterprises and creating an appropriate occupational standard for compliance officers;
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Adoption of a normative act to regulate the compliance function Occupational standard for compliance officers regulated Number of public enterprises which appointed a compliance officer. |
Delays in the adoption of the legislative act
Failure to enforce the new normative act Lack of employee training on the compliance environment |
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3.Developing a national integrity monitoring system from the perspective of integrity, at the level of public enterprises |
Compliance monitoring system operational Number of public enterprises participating in reporting activities |
Delays in ensuring the operation of the compliance monitoring system Failure to allocate the necessary human and financial resources |
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4.Strengthening the use of integrity plans as managerial tools to promote organizational integrity in state owned companies; |
Number of integrity plans adopted by public enterprises |
Formal character of integrity plans development Adoption of integrity plans which are not adapted to the organisational context Failure to allocate the necessary human and financial resources |
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5.Exchanging best practices in implementing the integrity programmes between the private and the public sectors |
Number of good practices identified Number of joint training activities Level of assumption of the good practices |
Low level of participation and involvement of the representatives of the public sector and of the business environment |
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6.Disclosing in open format the economic and performance indicators (including the budgets and subsidies received from public authorities) for state-owned enterprises, both by structures of the central and local public administration |
Database available in open data format which shall comprise the list of enterprises where the state is a shareholder (by central and local structures) with the following indicators: - Financial data, - Performance indicators, - Letter of Expectations, - Contract of mandate, - Subsidies received. |
Lack of information concerning the enterprises where the state is a shareholder |
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7.Developing a study on integrity incidents and remedial measures applied in the Romanian business environment |
Survey developed and published |
Failure to allocate the necessary human and financial resources Survey is not used by the target audience |
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8.Implementing open contracting data standards |
Number of data sets published Public institutions and authorities which implemented OCDS |
Failure to implement OCSD by public institutions Failure to allocate the necessary human and financial resources |
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9.Encouraging private operators to include anti-corruption clauses in contracts, allowing the non-guilty party to unilaterally terminate the contract if the other party is definitively convicted for corruption and to use due diligence questionnaires to assess the integrity of the business partners, throughout the supply and distribution chain |
Number of awareness campaigns organised Number of activities to disseminate best practices Number of educational materials disseminated |
Low enforcement of anti-corruption clauses |
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Specific objective no. 4.6. – Increasing the transparency of political advertising and the integrity of political party funding, as well as the integrity of elections and referendums |
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Performance indicators |
Risks |
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1.Introducing a definition of political advertising in Law no. 334/2006 on the financing of electoral campaigns and the activity of political parties, republished, as subsequently amended and supplemented |
Regulating the definition of political advertising in Law no. 334/2006 |
Failure to regulate /delayed regulation of the definition of political advertising
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2.Increasing the transparency of information regarding the online political advertising, as well as the people involved in the financing, preparation, placement and distribution of political advertising, as well as the proper marking of political advertising |
Including in Law no. 334/2006 rules to ensure increased transparency of information on online political advertising, as well as on the persons involved in financing, development, placement and distribution of political advertising, and adequate tagging of political advertising Adequate tagging of political advertising Submission to PEA of the information on online political advertising, as well as on the persons involved in financing, development, placement and distribution of political advertising |
Failure to regulate/delays in the adoption of rules to ensure increased transparency of information mentioned Non-tagging of political advertising Failure to submit/delayed/incomplete submission to PEA of the information on online political advertising, as well as on the persons involved in financing, development, placement and distribution of political advertising Failure to allocate the necessary human and financial resources |
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3.Electronic reporting and centralization of information on the financing of the current activity of political parties, the financing of electoral campaigns and referendum campaigns |
Number of reports submitted to PEA Number of notifications Number of sanctions Number of electronically centralised reports |
Failure to submit/delayed/incomplete submission of reports to PEA Impossibility to perform electronic centralisation of information Failure to allocate the necessary human and financial resources |
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4.Ensuring the disclosure, in accessible formats, of the financing sources of the activity of political parties, electoral and referendum campaigns, as well as the related expenses |
Publication in accessible formats of sources of financing, and of related expenditure |
Non-publication/Publication in accessible formats of sources of financing, and of related expenditure |
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5.Amending the criteria for granting subsidies from the state budget for the activity of political parties, in order to extend their granting area also in the case of political parties that, although they have not obtained mandates in the Parliament or in the county councils, have a significant degree of representativeness |
Amendment of Law no. 334/2006 on criteria for granting public subsidies for activities carried out by political parties, in order to extend the scope |
Delayed amendment of Law no. 334/2006 |
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6.Ensuring the ongoing training of persons who may become members of election boards and polling stations, election experts and IT operators on the specific issues of integrity concerning the electoral processes and the reduction of the risk of corruption, as well as establishing a mechanism to assess their performance |
Number of continuing training events Number of participants Guidelines developed Establishment of a performance assessment mechanism |
Failure to allocate the necessary human and financial resources |
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7.Regulating an IT tool to check for bans on the right to be elected and the right to hold an eligible public office and making it available for election boards and polling stations |
Regulate the use of an IT instrument to check revocations and bans on the right to be elected and the right to hold an eligible public office by electoral bureaus and polling stations Make available such IT instrument to electoral bureaus and polling stations |
Failure to regulate/delayed regulation of the use of the IT instrument Lack of budgetary resources to make available such IT instrument to electoral bureaus and polling stations |
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8.Adopting the necessary measures for the operationalization of the National Electoral Network regulated by Law no. 208/2015 on the election of the Senate and the Chamber of Deputies, as well as for the organization and functioning of the Permanent Electoral Authority |
Regulation by Government Decision, upon proposal by the Permanent Electoral Authority, of the duties, structure, organisation and functioning of the National Electoral Network, and of the remuneration of its members |
Failure to adopt the Government Decision on the operationalisation of the National Electoral Network |
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Specific objective 4.7. – Increasing integrity, reducing vulnerabilities and the risk of corruption in the activity of the members of Parliament |
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Performance indicators |
Risks |
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1. Improving the transparency of the legislative process: (i) by further developing the rules on public debates, consultations and hearings, including criteria for a limited number of circumstances where in camera meetings can be held, and ensuring their implementation in practice; (ii) by assessing the practice followed and revising the rules to ensure that draft legislation, amendments to such drafts and the agendas and outcome of committee sittings are disclosed in a timely manner, and that adequate timeframes are in place for submitting amendments and (iii) by taking appropriate measures so that the urgent procedure is applied as an exception in a limited number of circumstances |
Regulations amended accordingly
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Failure to adopt / Delays in the adoption of the legislative amendments Failure to publish / delayed publication of draft legislation / amendments / agendas / results of Committee meetings |
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2.Ensuring the existence of a mechanism for observing the Code of Conduct, when necessary |
Regulating a mechanism to ensure compliance with the Code of Ethics by Decision no. 77/2017 on the Code of Conduct for deputies and senators Mechanism for compliance with the provisions of the code, implemented Number of breaches of the provisions of the code of conduct Number and type of sanctions ordered |
Failure to amend/delays in the amendment of Decision no. 77/2017 on the Code of Conduct for deputies and senators Failure to implement the mechanism to ensure compliance with the Code of Conduct for deputies and senators |
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3.Establishing a robust set of rules regarding gifts, hospitality, favours and other benefits for the members of the Parliament and ensuring that such a system is properly understood and applied |
Amendment of Decision no. 77/2017 on the Code of Conduct for deputies and senators Number of counselling sessions concerning gifts/hospitalities/favours/other benefits |
Failure to amend/delays in the amendment of Decision no. 77/2017 on the Code of Conduct for deputies and senators |
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4.Introducing rules on how Members of Parliament interact with lobbyists and other third parties who seek to influence the legislative process |
Regulations on how members of Parliament engage with lobbyists and other third parties who seek to influence the legislative process Number of meetings between the members of the Parliament and lobbyists and other persons who try to influence the legislative process |
Failure to regulate /delayed regulation of such situations |
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5.Revising and improvement of the system of immunities of serving members of the Parliament, including those who are current or former members of the Government, including by providing clear and objective criteria for decisions to waive parliamentary immunity |
Senate Regulation amended
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Failure to amend the Senate Regulation/Delays in the adoption of the legislative amendments |
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6.Establishing by the parliamentary authorities for their members of (i) a system of counselling through which members can seek advice on integrity matters and (ii) provide dedicated and regular training on the implications of the existing and yet-to-be adopted rules concerning the preservation of the integrity of parliamentarians, including the future Code of conduct |
Regulations amended Number of counselling sessions Number of specialised training courses |
Failure to amend the Regulations/Delays in the adoption of the legislative amendments |
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7.Ensuring appropriate interinstitutional cooperation on the proper reporting regarding the implementation of recommendations made by international bodies concerning the fight against corruption |
Number of responses submitted by the two Chambers of the Parliament to inquiries on the implementation of recommendations made by international anti-corruption bodies |
Failure to submit/delayed/incomplete submission of relevant information |
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Specific objective 4.8. – Increasing integrity, reducing vulnerabilities and the risk of corruption in the field of environmental protection |
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Performance indicators |
Risks |
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1.Training the staff of central and local public authorities and the private sector representatives on environmental integrity issues (including the management of conflicts of interest in the implementation of environmental law and natural resource use) and mitigating the risk of corruption |
Number of information/training sessions delivered Number of people trained Adaptation of materials/information disseminated during the information/training sessions, according to the specificity of activities |
Failure to allocate the necessary human and financial resources Lack of interest by the target group Formal character of training activities
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2.Identifying the activities that are most vulnerable to corruption |
Development of a survey to include: • Criteria used in the evaluation of activities most vulnerable to corruption; • Analysis of specific activities for each environmental area; • Identification of most vulnerable activities; • Specific Action Plan to prevent acts of corruption Level of implementation of the Specific Action Plan to prevent acts of corruption |
Failure to allocate the necessary human and financial resources Wrong identification of vulnerable activities
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3. Cooperating with POHCCJ, SCM, NIM, ME and MIA in order to develop a curriculum for the professional training of practitioners involved in preventing and combating environmental crime, which includes aspects on preventing and combating the associated corruption (Recommendation 8. GENVAL - it should provide more training opportunities for practitioners involved in detecting and/or combating environmental crime (e.g. police, customs authorities, prosecutors and judges) |
Working Group / cooperation platform created Curriculum developed Number of training sessions delivered for practitioners Number of practitioners who benefited from training Trainee feedback from trainees on the usefulness of the training sessions |
Failure to allocate the necessary human and financial resources Failure to implement the curriculum developed
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4. Developing / strengthening partnerships with non-governmental organizations / the private sector working in the field of environmental protection (GENVAL 10.1.2. 2. Member States are encouraged to develop effective tools for cooperation with NGOs in order to improve the resolution of environmental complaints, such as those established between the Romanian authorities and Greenpeace (see 5.1.5 and 5.5) |
Number of partnerships concluded Number and type of activities carried out Outcomes sustainability |
Failure to allocate the necessary human and financial resources Failure to engage public institutions in such efforts Lack of interest by non-governmental organisations/private sector to conclude such partnerships
Failure to effectively implement partnerships |
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Specific objective 4.9. – Increasing integrity, reducing vulnerabilities and the risk of corruption in the field of cultural heritage protection |
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Performance indicators |
Risks |
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1.Adopting a transparent framework, based on objective criteria for the appointment, organization and functioning of specialized commissions |
Adoption of the legislative act Number of objective criteria introduced Number of specialist committees where members were appointed after the approval of the legislative act |
Delays in the adoption of the legislative act Failure to apply the objective criteria for the appointment of specialist committees
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2. Identifying situations that may generate conflicts of interest during the issuance of certificates, agreements, permits, authorizations |
Number of situations identified Number of remedial actions taken |
Formal character of the analysis Failure to take remedial actions |
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3. Adopting a code of ethics for members of specialized commissions, as well as regulating the obligation of members of specialized commissions to submit declarations of interests |
Code of Ethics adopted Adoption of a normative act regulating the obligation of the members of specialist committees to submit declarations of interests |
Failure to consult the members of specialist committees for the development of the code of ethics Adoption of a Code of Ethics which is not adapted to the needs Delays in the adoption of the legislative act regulating the obligation of the members of specialist committees to submit declarations of interests |
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4.Ensuring a transparent, simplified and computerized process for issuing certificates, permits, authorizations and ministerial orders regarding cultural heritage objectives |
Number of information sets published Number of stages simplified Number of stages automated |
Failure to allocate the necessary human and financial resources |
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5. Strengthening the inspection and control mechanism regarding the issuance of certificates, permits, authorizations and ministerial orders regarding cultural heritage objectives |
Number of inspection/oversight missions conducted Number of reports issued Number of conclusions and/or recommendations |
Failure to allocate the necessary human and financial resources Failure to implement recommendations Failure to organise inspection/oversight missions |
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6. Developing and implementing operational procedures with unitary content at the level of decentralized services of the ministry |
Number of operational procedures adopted Number of devolved services of the Ministry implementing the procedures |
Delays in the development of operational procedures Formal character of the action |
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GENERAL OBJECTIVE No. 5 – STRENGTHENING THE PERFORMANCE IN THE ANTICORRUPTION FIELD BY CRIMINAL AND ADMINISTRATIVE MEANS |
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Specific objective no. 5.1. – Continuing the progress already made in the process of impartially investigation and the adjudication by the courts of high level and local level corruption |
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Performance indicators |
Risks |
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1. Continuing the professional and impartial investigation in cases which involve the competence of the DNA |
Evolution of number of files as per prosecutor and as per department / territorial unit Number of confirmations of documents in court Number of dismissals of documents in court
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Failure to allocate the necessary human and financial resources Adoption of legislative amendments which hamper the effectiveness of the anti-corruption legal and institutional framework |
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2.Allocating new headquarters to the DNA and ensuring the financial resources necessary for the organization of the new headquarters, which should be appropriate also from the perspective of the EPPO support structure and for the Technical Service to be developed |
Headquarters identified Headquarters allocated Financial resources allocated |
Failure to allocate the necessary financial resources The new headquarters does not meet DNA needs |
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3.Further developing the DNA Technical Service, including at the local level (3 local centres, with staff from the 90 police officers provided), in order to be able to fulfil the tasks resulting from the application of the special methods of technical supervision provided by the of Criminal Procedure Code, including as a consequence of the RCC Decision no. 51/2016 |
Development of the DNA Technical Unit, including at territorial level (3 Area Centres equipped with personnel of the 90 police officers appointed) Number of positions allocated |
Failure to allocate the necessary human and financial resources |
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4.Ensuring the necessary financial and human resources for the performance of the support activities in relation with investigations in high level corruption cases by allocation and budgeting of 90 additional positions of police officers within the DNA; |
90 positions in the judicial police allocated 90 positions in the judicial police budgeted |
Failure to allocate the necessary human and financial resources |
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5.Establishing, within DNA, a department for the data analysis in relation with corruption offences investigated by DNA |
Establishment of a Data Analysis Unit to analyse operational data |
Failure to allocate the necessary human and financial resources Lack of specialist personnel to perform such analyses Failure to identify sufficient operational data to perform analyses |
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6.Annual analysis of the data resulting from the indictments prepared by DNA prosecutors and, respectively, from the final court decisions, in order to identify criminal typologies |
Performance and submission to TS NAS of the annual review to identify criminal typologies |
Failure to allocate the necessary human resources Failure to identify criminal typologies |
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7. Enhancing efforts to unify judicial practice in the field of corruption, including by promoting ordinary remedies and appeals |
Number of court decisions considered |
Failure to allocate the necessary human Failure to identify certain aspects regarding unitary judicial practices Failure to promote appeals in the interest of the law |
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8.Monitoring criminal case files older than 1 year from the date of notification by the prosecutor's offices and establishing the necessary measures for their resolution |
Number of reports monitored Number of case files older than 1 year Actions taken to resolve such case files |
Failure to perform regular case file monitoring Formal character of the monitoring |
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9. Providing financial and infrastructure support for the Support Structure of the European prosecutors delegated in Romania (including the 3 territorial offices) |
Financial resources allocated Necessary infrastructure allocated |
Failure to allocate the necessary human and financial resources |
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10. Effective use of legal and institutional mechanisms for the assets recovery |
Statistical data on asset recovery measures |
Failure to apply legal and institutional mechanisms |
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11. Increasing the capacity of the Romanian Police and the General Anticorruption Directorate for documenting and investigating criminal acts of corruption according to their competences, by ensuring proper staff training and the necessary material and financial resources |
Number of police officers trained Number of specific equipment procured |
Failure to allocate the necessary human and financial resources |
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12.Developing the operational capacity of the structures of the Romanian Police and the General Anticorruption Directorate, which carry out activities regarding the protection of witnesses, finding flagrant crimes, using undercover investigators, collaborators or informers, respectively using special methods of surveillance or investigation provided by law, in case of corruption offences |
Number of technical systems procured Number of structural changes operated Number of persons employed Number of police officers trained |
Failure to allocate the necessary human and financial resources |
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13.Providing the necessary equipment, as well as the financial and human resources required for the operational framework for preventing and fighting corruption |
Number of public procurement procedures for technical equipment for corruption prevention and combating activities Annual value of public procurement of technical equipment for corruption prevention and combating activities |
Failure to allocate the necessary human and financial resources |
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Specific objective no. 5.2. – Ensuring integrity in the exercise of public functions and dignities |
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Performance indicators |
Risks |
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1.Reviewing and updating the legislation on the integrity framework, in order to respond to the recommendations of the Cooperation and Verification Mechanism (CVM) and the rule of law mechanism |
Preliminary review of the legislative context performed Draft lex ferenda approved Public consultation conducted |
Failure to allocate the necessary human and financial resources |
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2.Strengthening ANI by allocating the necessary financial and human resources in order to fulfil the duties provided by the Law for the transposition of the directive regarding the whistle-blower’s protection |
Financial resources allocated Number of vacancies supplementing the organisational chart Number of people employed for the new positions |
Failure to allocate the necessary human and financial resources Lack of interest by potential candidates to fill vacancies |
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3. Digitization of the system for declaration of assets and interests, in order to automate the process of filling in, submission and processing
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Technical solutions implemented for the submission of solely electronic declarations Number of declarations submitted in electronic format |
Insufficient IT and logistic resources Insufficient personnel knowledge on how to fill in declarations |
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4.Organizing training sessions for persons covered by Law no. 176/2010 |
Number of sessions organised Number of people trained Feedback from the people trained |
Failure to allocate the necessary human and financial resources Formal character of the training sessions
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5.Developing an "induction" type package addressed to dignitaries and their cabinets, which will facilitate the integration within the public administration, including from the perspective of the applicable integrity rules |
Number of sets of documents included in the induction packages Number of high officials to whom the package was submitted
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Failure to allocate the necessary human and financial resources Lack of interest by the target group
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6. Designing a digital awareness and prevention platform through which relevant stakeholders will be able to clarify, on their own, certain obligations regarding the integrity framework, which they must comply with |
A new awareness and prevention platform developed |
Failure to allocate the necessary human and financial resources Lack of interest by the target group |
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Specific objective no. 5.3. – Preventing and fighting corruption, as a facilitator of the activity of organized crime groups |
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Performance indicators |
Risks |
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1.Analysing judicial practice in the field of corruption associated with organized crime in order to identify relevant typologies |
Review Report drafted |
Failure to allocate the necessary financial and human resources Failure to identify relevant typologies |
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2.Streamlining the protection of staff involved in preventing and fighting corruption, with a focus on officials working in connection with organized crime groups |
Number of notices on alleged corruption and/or intimidation attempts |
Failure to effectively implement protection measures Failure to allocate the necessary human and financial resources |
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3.Strengthening the capacity of prosecutors to identify situations in which organized crime groups receive support from officials |
Number of training courses Number of good practices presented Number of public officials allocated to identify such situations Number of mechanisms used for the identification |
Failure to allocate the necessary human and financial resources Lack of interest by the target group |
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4.Development of an alert triggering mechanism when the IT systems of the law enforcement agencies are unlawfully interrogated for operational information |
Mechanism developed Number of alerts triggered |
Failure to allocate the necessary human and financial resources Mechanism developed, but not used |
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5.Analysing and, as appropriate, reviewing the legislative framework for the functioning of the DGA in order to align with the requirements of the general criminal policy and to adapt the operational capacity to the trend and dynamics of the corruption phenomenon |
Analysis performed Legal provisions adopted, as appropriate |
Failure to allocate the necessary human and financial resources |
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Specific objective 5.4. – Strengthening the methodological coordination role of the Prime Minister's Inspection Body in the field of administrative control carried out at the level of the central public administration |
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1.Regulating the methodological coordination function of the structures with control attributions within the ministries and authorities of the central public administration, respecting their operational independence, in order to create a quality standard in control, applicable at the level of the entire governmental apparatus |
Legal provisions adopted Number of working meetings Number of instructions / recommendations drafted Quality standard developed |
Failure to allocate the necessary human and financial resources Low interest of Government officials to regulate a methodological coordination function |
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2.Strengthening the capacity of administrative control structures in the central public administration to identify the institutional risks and vulnerabilities, implicitly those that concern aspects of integrity |
Additional human resources allocated Numbers of inspections performed Number recommendations implemented |
Failure to allocate the necessary human and financial resources Failure to perform inspections Failure to implement recommendations |
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3.Organizing training sessions and continuous education sessions for the staff with control responsibilities |
Number of sessions Number of people trained Feedback from the people trained Participants’ outcomes in the assessment tests during anti-corruption training activities |
Failure to allocate the necessary human and financial resources Formal character of activities Poor quality of training and upskilling sessions |
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4. Developing a cooperation mechanism between administrative control structures in order to carry out multidisciplinary control actions |
Cooperation mechanism developed Number of multidisciplinary inspections conducted |
Failure to allocate the necessary human and financial resources Failure to organise multidisciplinary inspections
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