Others – Romania Anti Corruption Institutional Framework

Others

Web: http://www.curteadeconturi.ro/; http://www.curteadeconturi.ro/DefaultEN.aspx

Email: office@rcc.ro

Established: 1864

Structure: The Plenum of the Court of Accounts is composed of 18 members, who are account counsellors, appointed by the Parliament for a nine-year mandate which cannot be extended or renewed. The Court of Auditors is governed by the full Court. The executive management of the Court of Accounts is exercised by the president, assisted by two vice-presidents. The departments are headed by an accountant appointed by the full Court. The Court of Accounts is organized of departments, county chamber of accounts, the Bucharest chamber of accounts and the general secretariat. The departments of the Court of Accounts can be organised of directorates, services, offices and specialized compartments.

Competencies: The Court of Accounts controls the administration and use of the state and public sector financial resources, subsequently providing to the Parliament and to the administrative-territorial units a report on their use and management, according to the principles of legality, regularity, economy, efficiency and effectiveness.

Budget: financed from the state budget

Web: http://anap.gov.ro/web/

Email: birouldepresa@anap.gov.ro

Established: 2015

Structure: ANAP is headed by a president which has a secretary of state position, assisted by a general secretary, which is senior civil servant appointed according to the law.

Competencies: drafting, promoting and implementing the public procurement policies, setting up and implementing the verification and control system of the unitary application of the legal and procedural framework in the field of public procurement, as well as monitoring the efficiency of the public procurement system.

Appointment and dismissal: The President is appointed and dismissed by decision of the Prime Minister, at the proposal of the Secretary General of the Government.

Budget: financed from the state budget, through the budget of the General Secretariat of the Government.

Web: https://avp.ro/

https://avp.ro/?option=com_content&view=article&id=47&lang=en&Itemid=54avp@avp.ro

Established: 1991

Structure: The Ombudsman is assisted by the deputies which have a position assimilated to the secretary of state. The Ombudsman’s deputies are specialised in different arias of activity.

Appointment: The Ombudsman is appointed by the Parliament for a five-years mandate. The mandate can be renewed only once.

Competencies: The Ombudsman exercises his powers ex-officio or upon request of the persons aggrieved in their rights and freedoms, within the limits established by law. It is mandatory for the public authorities to give the necessary support to the Ombudsman in the exercise of his powers.

Budget: financed from the state budget

Website: www.csm1909.ro

E-mail:  international@csm1909.ro

Established: The Romanian Superior Council of Magistracy was first established on 1st of June, 1909. During the communist regime (1949-1989), it ceased to exist. In 1991, when the new Romanian Constitution was adopted, the Council became a constitutional body, for the first time in its long history. The Constitutional revision of 2003 brought fundamental amendments with respect to the role, structure and competences of the Superior Council of Magistracy and empowered a fully operational and efficient Council, which started operating in January 2005. The SCM statute is regulated by the Law no. 317/2004 on the Superior Council of Magistracy, with the subsequent amendments and completions.

Structure: SCM is composed of 19 members, as following: 14 members are elected in the general assembles of magistrates and validated by the Senate (9 judges composing the Section for judges and 5 prosecutors composing the Section for prosecutors), 2 representatives of the civil society, the minister of Justice, the president of the High court of Cassation and Justice and the general prosecutor of the Prosecutor’s Office attached to the High Court of Cassation and Justice.

Competence: SCM has the right and the corelative obligation to notify ex-officio for defending judges and prosecutors against any act of interference in their professional activity or in connection with their activity, that could affect their independence and impartiality. Some of the attributions provided by the law refers to the following: SCM has tasks with regard to judges and prosecutors’ career (appointment into leading positions or release from them, transfer, secondment, etc.), organization and functioning of the courts and prosecutors’ offices; coordinates the activity of the National Institute of Magistracy and the National School of Clerks; gives consultative advice on the proposal of the minister of Justice for the appointment into the leading position within the Prosecutor’s Office attached to the High Court of Cassation and Justice, the National Anticorruption Directorate, the Directorate for the Investigation of Organized Crime and Terrorism; takes measures to resolve the complaints received from litigants or other persons regarding the misconduct of judges and prosecutors.

Appointment: The president and the vice-president of the SCM are elected among the members who are judges or prosecutors, for a one-year mandate. The mandate of the president is not renewable.

Budget: financed from the state budget