Historical Information

Full Name and Date of Effectiveness:

Title I: Assuring transparency in performing public positions, prevention and fighting corruption of The Romanian Law on certain steps for assuring transparency in performing high officials positions, public and business positions, for prevention and sanction`

Was this the first time such a law/rule was passed, or is this rule/law linked with any earlier one?

This law follows from 1996 Law No 115/1996 on Statement and Auditing of Property of Dignitaries, Magistrates, Civil Servants and Persons with Leading Positions

Does the Constitution mandate public officials to disclose their assets?

No reference in the Constitution.

Coverage of Law/Rule

To what categories of civil servants or appointed officials is this law/rule applicable?

This is described in Article 2 and includes persons holding leading and auditing positions with central or local public authorities or with public or pubic interest institutions, staff of a dignitary's cabinet, and persons holding positions from that of a leader inclusively up.

To what categories of elected officials is this law/rule applicable?

This is described in Article 2 and includes the President, the President of the Parliament's Chamber; deputies and senators, the Prime Minister, the Government members, country and local councilors, mayors, deputy mayors

If this law/rule is applicable only to appointed officials in top levels, what is the assets declaration requirement of general appointed officials?

Applicable to all public officials

Do provincial and local employees follow the same or similar assets declaration law?

Same law.

Declaration Content

What kind of / value of assets must be declared?

Officials need to declare property in possession, i.e., fixtures--land, buildings; dwelling premises--apartment, house, holiday house, commercial and production premises; movable assets--motor vehicles; deposits in foreign or national currency at home or abroad (more than 10,000 euro); claims (more than 10,000 euro); bonds (more than 10,000 euro); other assets generating net income (more than 10,000 euro); associate or shareholder with commercial companies (more than 10,000 euro); other profit making activities (more than 10,000 euro); and the goods and services received free as part of protocol activities (more than 300 euro)

Is it necessary to include family members’ assets as well?

Article 38 (14): For the purposes of the property statement, family means the husband, wife, and the children being provided for.

Filing Frequency & Method

Do civil servants need to file the information during first entry into public service? And, thereafter at what frequency?

Yes, within 30 days of entry, and annually.

Can the declaration be filed electronically?

No

Declaration Processing

Which agency of government receives and processes public officials' assets declaration?

--

If the officials has failed to submit declaration in time or made inconsistent declaration, does the declaration processing authority issue reminder or ask for clarifications / explanations on the declarations?

Article 4 (7.4): failure to update or failure to submit shall entail the initiation of the auditing procedure

How is the declaration's content verified?

Article 4 (9): investigation shall be performed by a special commission and the final decision shall be published in the Official Journal of Romania

How long is the declaration record maintained?

Law is silent on this.

Punishment for Breach

What is the punishment for not filing the declaration?

This is described in Article 6(4) of the Law. Failure to submit within time initiaties ex-officio the auditing procedure.

What is the penalty for making inaccurate statements on this declaration?

As per Article 26(1), the final decision of the courtis published in the Official Journal of Romania.

Can an official be prosecuted for violating this law?

Not clear

Public Access to Declaration

Does the law/rule state that the public can access this information?

Article 4 (2) states that the property statement shall be published in the Internet page of legal entities to which the person indicated belongs, or in the Official Journal of Romania.

If the law/rule mentions public access to this information, does it also state how the public can access this information?

Article 4 states that no later than 30 days of submission, the property statement is available either at the Internet site of the legal entity of the person indicated or the Official Journal of Romania, free of charge, the publication expenses shall e covered by the legal entities to which the person indicated belong.

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