Theme: Executive Meeting from 26.04.2010
Press briefing by the Justice Minister, Mr. Catalin Predoiu at the end of Government meeting
Mr. Catalin Predoiu:
I would like to begin today's statement recalling that in the last European Commission’s country reports, the activity of the Government regarding the National Integrity Agency was adequately assessed in that it provided a regulatory and institutional framework capable of enabling this agency to develop its work to acceptable parameters.
In other words, the need for this project came as a result of the Constitutional Court’s ruling by which a series of provisions of the ANI Law were declared unconstitutional, a ruling which is likely to create serious difficulties to Romania under the Cooperation and Verification Mechanism. The draft law thus aims to reconcile the legal framework of the National Integrity Agency with the requirements of the Constitutional Court’s rulings. Therefore, in formulating the draft law, there was taken into account the contents of the ruling, despite the implicit criticism made, even by some members of the panel by their separate opinions. At the same time, the draft law took into account Romania's commitments related to the European Commission’s Decision no. 928 / 13 December 2006 on Cooperation and Verification Mechanism.
I hope this draft law will be adopted quickly so that ANI activity continues and develops into a true guarantor of the integrity of the excise of offices of public dignity. In terms of normative contents, ANI will analyze the wealth and interest declarations of persons exercising public offices. The main novelty brought by the draft law is to establish a double system of public and confidential declarations of wealth and interest.
Specifically, we have two types of assets and interest declarations, a public and a confidential declaration. Public declaration will contain active and passive assets, such as buildings, land and construction, furniture, liabilities and debts. The nature of the goods will be indicated in the declaration, their estimated value, balances, but no addresses, location of those buildings, real estate. The confidential declaration contains data which was declared before, but these declarations will be submitted to the INA and kept confidentially. Thus, the draft law responds to the exigency of privacy protection.
A second novelty brought by the draft law is related to the nature of the ANI activity.
The Integrity inspectors will make an analysis of individual assets, incompatibilities and conflicts of interest, the new trial activity or expression of rights as criticized by the Constitutional Court. Before starting the analysis itself, the integrity inspectors are obliged to invite the person concerned to express his/her viewpoint in writing. The person aimed by ANI analysis is entitled to make known its views prior to analysis and may support this point of view with any data or additional information.
Finally, after the finalization of this procedure, ANI will produce an analytical report to be afterwards submitted, as appropriate, to ANAF or Prosecutor’s Office, together with proposals for action. ANAF and / or Prosecutor’s Office are required to process these conclusions and proposals and to take an institutional position, and regularly inform the ANI on the institutional position adopted.
ANAF or the Prosecutor’s Office may propose to court precautionary measures such as seizure, attachment and trigger specific procedures according to legal powers. For example, ANAF can take the measure of undeclared property taxation under the Tax Procedure codes, or in turn will inform the Prosecutor’s Office of an offense if necessary.
Regarding the legislative method adopted, the draft systematizes the integrity and transparency obligations in Title I and establishes the procedures regarding agency in Title II, replacing the provisions declared unconstitutional of Law 144/2007.
In the final provisions, the draft amends several provisions of Law 144/2007 under organizational aspect. The transitional provisions expressly state that important procedural work performed and samples taken remain valid. Therefore, through the project, if it is adopted, it will ensure the recovery of investigations already conducted by the ANI.
In conclusion, the adoption of this draft law will ensure the continuation of the functioning of the Agency and thereby fulfillment of an important benchmark under the Cooperation and Verification Mechanism. Beyond the technical aspects ANI’s further work is required as a guarantee of integrity in the exercise of public functions. Thank you.
Reporter
I want to first ask you if this draft law is new or is a draft law amending the law for the agency functioning.
Minister Catalin Predoiu:
This draft law amends in part the law 144/2007.
Reporter
What you will discuss with President Traian Basescu on consultations?
Minister Catalin Predoiu:
I am not member of the political parties represented in Parliament; therefore I believe that discussions will be kept within parliamentary framework. In any case, the views have been discussed within the Government and I do not think my presence at Cotroceni is absolutely necessary.
Reporter
I understand that you requested its debate in Parliament in emergency procedure.
Minister Catalin Predoiu:
Perhaps the Government will require emergency procedure debate in Parliament. I think it will depend on how today’s meetings in Cotroceni will result, in any case what I would like to add further is that the draft law was the result of inter-institutional cooperation. And of course the procedure of passing in Parliament may improve it.
Reporter
And you said that declarations would be completed with estimated values, is about real estate, can you give us an example?
Minister Catalin Predoiu:
Yes, it is about real estate, the declared tax value.
Reporter
This is now included too, but the estimated value.
Minister Catalin Predoiu:
In fact, the forms in confidential regime are those operating today too, only that they will pass to confidential regime. The public regime aims at those mobile assets is that have no specified value.
Reporter
Will localities be specified /.../?
Minister Catalin Predoiu:
The confidential declarations will include the name of localities and addresses too.
Reporter
The public ones will contain the name of localities too? Or localities will miss too when real estate is declared?
Minister Catalin Predoiu:
No, the localities will be specified too.
Reporter
And can you also take the responsibility for such draft law?
Minister Catalin Predoiu:
Such procedure has not been discussed in Government.
Reporter
Regarding the spouse of the dignitary, the source of its income, the employers are they specified? However, it is a confidential date, this is why I ask it.
Minister Catalin Predoiu:
The forms in confidential regime keep absolutely all data that are today too.
Reporter
Not, in the public one.
Minister Catalin Predoiu
No, not in the public one.
Reporter
So, in case of dignitaries, the post of the spouse is not clearly specified.
Minister Catalin Predoiu:
You have asked me about the employer and the address of the companies from where the income comes. So all data related to private life will be protected in order for us to meet the Court’s requirements. Thank you.
