Law Enforcement – Romania Anti Corruption Institutional Framework

Investigative:

General Anti-corruption Directorate, Ministry of Internal Affairs (Direcţia Generală Anticorupţie) – click for more information

Contacts

Website

Email: relpub.dga@mai.gov.ro  / dga_interne@yahoo.com

phone: +40 21 332 26 54 / +40 21 365 35 09; Hotline: tel. +40 0800 806 806

General information

Established: 2005

Structure: headed by General Director and three Deputy General Directors; 42 territorial structures corresponding to each county and Bucharest Municipality.

Competencies: to prevent and combat corruption within the Ministry of Administration and Interior; to receive complaints from citizens regarding alleged offences of MoAI personnel.

Level of Independence

– Permanence: established by the Law 161/2005 on establishing measures to prevent and combat corruption set up within the Ministry of Internal Affairs

– Appointment: The General Anti-Corruption Directorate is headed by a General Director appointed by the Minister of Internal Affairs.

– Removal: The revocation of the General Director from the leading position shall be decided by the Minister of Internal Affairs.

– Immunity: No

– Financial Autonomy: budget adopted in standard procedure

 

Prosecutorial:

National Anti-Corruption Directorate (Direcția Națională Anticorupție) – click for more information

Contacts

Website

Email: anticoruptie@pna.ro

phone: +40 21 312 14 97

General information

Established: 2002

Structure: Chief Prosecutor and two deputies oversee specialized departments in economics, finance, banking, customs, and Information technology.

Competencies: to investigate suspected cases of corruption against medium and high-level officials and public employees; the means at their disposal include cover surveillance, interception of communication, financial data and information access, and monitoring of financial transactions.

Level of Independence

– Permanence: established by Government Emergency Ordinance 43/2002; Law no. 54/2006 amending

– Appointment: The Chef prosecutor of the Directorate is appointed by the President of Romania based on the proposal of the minister of justice with the prior opinion of the Superior Council of Magistracy for a three-year term, renewable once.

– Removal: The revocation of the Chef prosecutor of the Directorate shall be decided by the President of Romania, based on the proposal of the minister of justice, which may act   ex officio, at the request of the general assembly or, by case, at the request of the General Prosecutor of the Prosecutor’s Office attached to the High Court of Cassation and Justice, having the approval of the Superior Council of Magistracy, for the following reasons:

  1. if they no longer fulfill one of the requirements for appointment into a leading position;
  2. in case of inappropriate exercise of management duties relating to effective organization, to behavior and communication, to the assuming of responsibilities and to management skills;
  3. in case of application of one of the disciplinary sanctions.

– Immunity: The prosecutors may be searched, restrained or held in custody only with the approval of the sections of the Superior Council of Magistracy. In case of flagrant offences, the judges, prosecutors and the assistant-magistrates may be held in custody and searched according to the law. The body that decided the custody or the search shall be obliged to inform at once the Superior Council of Magistracy.

– Financial Autonomy: The directorate has its own budget. Besides receiving domestic funding, it has received significant financial and technical support from foreign funding. Financing the current and capital expenses of the National Anticorruption Directorate is ensured from the state budget, the fund designated for NAD’s use being distinctly mentioned in the budget of the Prosecutor’s Office Attached to the High Court of Cassation and Justice. A deposit of at least 2 million RON is annually constituted for actions regarding the organizing and ascertaining of flagrant corruption offences, at the disposal of the Chief Prosecutor of the National Anticorruption Directorate.