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Romania

Improve Transparency in the Management of Seized Assets (RO0041)

Overview

At-a-Glance

Action Plan: Romania Action Plan 2016-2018

Action Plan Cycle: 2016

Status: Inactive

Institutions

Lead Institution: Ministry of Justice (MJ) through the National Agency for the Management of Seized Assets (ANABI)

Support Institution(s): National Agency for Fiscal Administration

Policy Areas

Asset Disclosure, Capacity Building, E-Government, Fiscal Transparency, Open Data

IRM Review

IRM Report: Romania End-of-Term Report 2016-2018

Starred: No

Early Results: Marginal

Design i

Verifiable: Yes

Relevant to OGP Values: Access to Information

Potential Impact:

Implementation i

Completion:

Description

Status quo or problem addressed by the commitment According to art. 40 of Law no.318/2015 for the setting up and operation of the National Agency for the Management of Seized Assets, (1) ANABI publishes in an open format and on a quarterly basis data and public interest information generated from the national integrated information system for recording proceeds of crime. (2) Until the information system is operating, the Agency publishes, on a quarterly basis, data and public interest information regarding its activities. In addition, to ensure transparency in the process of reuse of immovable property, according to art.31, (3) ”the Agency publishes on its website updated information about each immovable property seized from criminal proceedings, including its legal situation, position, photographs, the date when it became private state property, as well as other relevant data” . Main objective Institutional transparency Brief description of commitment ANABI will develop a platform that will ensure access to information regarding the management of proceeds of crime OPG challenge addressed by the commitment Increasing public integrity More Effectively Managing Public Resources Relevance Access to information Ambition Ensuring access to information by publishing open data regarding seized immovable assets and their social reuse and public interest information about the Agency’s work. Uploading the data on the open data portal data.gov.ro.

IRM End of Term Status Summary

12. Improve transparency in the management of seized assets

Commitment Text:

ANABI will develop a platform that will ensure access to information regarding the management of proceeds of crime.

Main Objective:

Institutional transparency.

Milestones:

    • Develop the ANABI website, including publishing open data and public interest information.
    • Develop the national integrated system for the registration of proceeds of crime.

Responsible Institution: Ministry of Justice (MJ) through the National Agency for the Management of Seized Assets (ANABI)

Supporting Institution(s): National Agency for Fiscal Administration (ANAF)

Start date: 2016                                                                                 End date: June 2017

Editorial Note: The commitment text is abridged. The full text can be found in the OGP 2016–2018 national action plan.

Commitment Aim

The National Agency for the Management of Seized Assets (ANABI) is required by law 318/2015 to publish information on seized assets and properties in an open format on a quarterly basis. The information must be disclosed on the ANABI website until the National Integrated Information System (SIIN) is in place. [91] This commitment aimed to establish the ANABI website and the SIIN for the registration of proceeds of crime.

STATUS

Midterm: Substantial

By July 2016, the ANABI website was already operational and publishing public interest information on a regular basis.

The development of the national integrated system for the registration of proceeds of crime was only partly completed. Its funding was secured through the “Support for achieving the objectives of the National Anticorruption Strategy by increasing the recovery of proceeds from crime” project, which ANABI conducts in partnership with the Basel Institute for Governance. According to the government’s self-assessment, in May 2017, the Swiss experts presented a report on the IT instruments necessary for the management and mapping of the management of seized assets. ANABI then distributed the report to the relevant stakeholders (e.g. judiciary, public prosecutor, ANAF) and asked for comments.

End-of-term: Substantial

The national integrated system for the registration of proceeds of crime is not completed. According to the government’s self-assessment, until its completion, ANABI retains the data it receives from the public prosecutor and the judiciary. [92]

Did it Open Government?

Access to information: Marginal

ANABI offers reliable information to the general public about the amount of seized assets and the amount the state was able to sell and recover as public money. This data allows the countering of fake news in relation to the efficiency of the judiciary, [93] which is particularly relevant when public opinion is split on this matter. [94] Nevertheless, the ANABI system is not yet detailed enough to support detailed, evidence-based policymaking or the proactive detection of white-collar crime patterns, thereby contributing to the effective countering of corruption and of its ancillary crimes.

Carried forward?

This commitment is continued in the 2018–2020 national action plan as Commitment 13: “Improving transparency in the management of seized assets.

[91] The text of law 318/2015 for the establishment, the organization and the functioning of the National Agency for the Administration of Seized Assets and for the amendment and supplement of certain normative acts, is available [in Romanian] at https://goo.gl/YRKsRR.

[92] “National Action Plan 2016-2018: Self-assessment report”, Open Government Partnership, 2018, pages 49-50, available [in Romanian] at https://bit.ly/2vv2yw7.

[93] For instance, in 2018 the work of the National Anti-corruption Directorate (DNA) antagonized the mass-media. Several national news outlets (e.g Antena 3) and former politicians (e.g. Udrea, Ponta) described their work as “abusive,” “politically motivated,” and “fabricated” evidence and indictments. (“Ponta: “Știam că se fabrică probe la DNA Ploiești. Grav este că deși sunt dezvăluiri nu se întâmplă nimic””, Antena3, 12 February 2018, available [in Romanian] at https://bit.ly/2Y9wE4B.) Other international outlets (e.g. Politico) and politicians (e.g. Macovei) describe their work as an example to be followed by other countries as well. (Andrew Macdowall, “The DNA of Romania’s anti-corruption success”, POLITICO, 15 April 2016, available at https://politi.co/2Viv7wf.)

[94] According to a 2017 European survey, 54% of Romanians tend to not trust the Romanian justice and legal system. (See “Designing Europe’s future: Trust in institutions Globalisation. Support for the euro, opinions about free trade and solidarity”, European Commission, 2017, Special Eurobarometer 461, available at https://goo.gl/48Ntq6).


Romania's Commitments

  1. Standardize Public Consultation Practices

    RO0048, 2018, E-Government

  2. Open Local Government

    RO0049, 2018, Capacity Building

  3. Citizen Budgets

    RO0050, 2018, Capacity Building

  4. Youth Participation

    RO0051, 2018, Capacity Building

  5. Register of Civil Society Proposals

    RO0052, 2018, E-Government

  6. Access to Information – Local

    RO0053, 2018, Capacity Building

  7. Online Business Sector Information

    RO0054, 2018, Capacity Building

  8. Digital Consular Services

    RO0055, 2018, Capacity Building

  9. Transparency in the Funding of Political Parties

    RO0056, 2018, E-Government

  10. National Investment Fund Transparency

    RO0057, 2018, E-Government

  11. Civil Servant Training

    RO0058, 2018, Capacity Building

  12. Raise Awareness About Corruption

    RO0059, 2018, Capacity Building

  13. Transparency of Seized Assets

    RO0060, 2018, E-Government

  14. Access to Social Services

    RO0061, 2018, E-Government

  15. Open Access to Research

    RO0062, 2018, E-Government

  16. Open Education

    RO0063, 2018, Capacity Building

  17. Evaluate Open Data

    RO0064, 2018, Capacity Building

  18. Open Data

    RO0065, 2018, E-Government

  19. Improving the Legal Framework and Practices Regarding Access to Public Interest Information

    RO0030, 2016, Capacity Building

  20. Centralized Publishing of Public Interest Information on the Single Gateway Transparenta.Gov.Ro

    RO0031, 2016, Capacity Building

  21. Promoting Open Parliament Principles

    RO0032, 2016, Capacity Building

  22. Improved Management of the Applications Submitted for Granting Citizenship

    RO0033, 2016, Capacity Building

  23. Standardization of Transparency Practices in the Decision-Making Procedures

    RO0034, 2016, Capacity Building

  24. Centralised Publication of Legislative Projects on the Single Gateway Consultare.Gov.Ro

    RO0035, 2016, Capacity Building

  25. Citizens Budgets

    RO0036, 2016, Capacity Building

  26. Improve Youth Consultation and Public Participation

    RO0037, 2016, Capacity Building

  27. Subnational Open Government

    RO0038, 2016, Capacity Building

  28. Promoting Transparency in the Decision-Making Process By Setting Up a Transparency Register (RUTI)

    RO0039, 2016, Anti-Corruption Institutions

  29. Access to Performance Indicators Monitored in the Implementation of the National Anticorruption Strategy (SNA)

    RO0040, 2016, Anti-Corruption Institutions

  30. Improve Transparency in the Management of Seized Assets

    RO0041, 2016, Asset Disclosure

  31. Annual Mandatory Training of Civil Servants on Integrity Matters

    RO0042, 2016, Anti-Corruption Institutions

  32. Improving Access to Cultural Heritage

    RO0043, 2016, Capacity Building

  33. Open Data and Transparency in Education

    RO0044, 2016, Capacity Building

  34. Virtual School Library and Open Educational Resources

    RO0045, 2016, Capacity Building

  35. Open Contracting

    RO0046, 2016, Anti-Corruption Institutions

  36. Increasing the Quality and Quantity of Published Open Data

    RO0047, 2016, Capacity Building

  37. Publishing the Public Interest Information on a Single Government Portal: Transparenta.Gov.Ro

    RO0019, 2014, E-Government

  38. Making an Inventory of the Datasets Produced by the Ministries and Subordinate Agencies

    RO0020, 2014, Open Data

  39. Ensuring the Free Online Access to National Legislation

    RO0021, 2014, E-Government

  40. Amending Law 109/2007 on the Re-Use of Public Sector Information

    RO0022, 2014, Legislation & Regulation

  41. Opening Data Collected from the National Health System

    RO0023, 2014, Health

  42. Opening Data Collected from the Monitoring of Preventive Measures as Part of the National Anticorruption Strategy 2012-2015

    RO0024, 2014, Anti-Corruption Institutions

  43. Open Contracting

    RO0025, 2014, Open Contracting and Procurement

  44. Opening up Data Resulted from Publicly-Funded Research Projects

    RO0026, 2014, E-Government

  45. Increasing the Quality and Quantity of Published Open Data

    RO0027, 2014, Open Data

  46. Human Resource Training in the Field of Open Data

    RO0028, 2014, Capacity Building

  47. Disseminating Information on the OGP Principles and Promoting the Open Data Concept in an Accessible Manner

    RO0029, 2014, Records Management

  48. Designating a Person Responsible for Publishing Open Data in Each Public Institution

    RO0001, 2012, Open Data

  49. Identifying Regulatory Needs, Logistical and Technical Solutions

    RO0002, 2012, Legislation & Regulation

  50. Making an Inventory of Available (High-Value) Data-Sets

    RO0003, 2012, Open Data

  51. Priority Publishing on the Web Pages of Public Institutions of Specific Data-Sets

    RO0004, 2012, Open Data

  52. Initiating Pilot-Projects, in Partnerships

    RO0005, 2012, Open Data

  53. Organizing Public Debates on the Utility of Open Data, in Partnerships

    RO0006, 2012, Open Data

  54. Uniform, Machine-Readable Publishing Format for Open Data

    RO0007, 2012, Open Data

  55. Procedures for Publication of Data-Sets Based on Civil Society Recommendations

    RO0008, 2012, Open Data

  56. Procedures for Citizen Complaints Pertaining to Open Data

    RO0009, 2012, Open Data

  57. Consultation Mechanism Between Suppliers and Beneficiaries of Open Data

    RO0010, 2012, Open Data

  58. Creating a Rating System for the Assessment of High-Value Data-Sets

    RO0011, 2012, Open Data

  59. Routinely Publishing Specific Data-Sets on Web Pages of Public Institutions

    RO0012, 2012, E-Government

  60. Integrating Open Data from Public Institutions in a Single National Platform

    RO0013, 2012, E-Government

  61. Inventories of Data, in Order to Facilitate Public Access

    RO0014, 2012, Open Data

  62. Institute a Monitoring Mechanism of Compliance for Open Data

    RO0015, 2012, Open Data

  63. Stimulating the Market for Innovative Use of Open Data

    RO0016, 2012, Open Data

  64. Routinely Publishing Data-Sets on the National Platform, 25% High-Value

    RO0017, 2012, Open Data

  65. The Public Procurement Electronic System (SEAP). the Electronic Allocation System for Transports (SAET)/B.1 C) Expanding the On-Line Submission of Fiscal Forms. Ensuring the Free On-Line Access to National Legislation. Developing Electronic Tools to Manage Subpoenas and Facilitate Access Toinformation Regarding Legal Proceedings. Developing Electronic Tools to Manage the Procedures Related to Obtaining the Romanian Citizenship. Developing Electronic Tools to Manage the Procedures Related to the Creation of Non-Profit Legal Persons. the Integrated System for Electronic Access to Justice (SIIAEJ)

    RO0018, 2012, Citizenship and Immigration