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Conflicts of interests and incompatibilities in Eastern Europe Case study: Romania. Construction of Romanian anticorruption system 1 st pillar – external commitments in order to join EU 2 nd pillar – internal pressure of reformist groups and civil society 3 rd pillar – political will.
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Conflicts of interests and incompatibilitiesin Eastern Europe Case study: Romania
Construction of Romanian anticorruption system 1st pillar – external commitments in order to join EU 2nd pillar – internal pressure of reformist groups and civil society 3rd pillar – political will
First period: 1996 -2000 • Legislative and institutional development, with poor results • There are no anticorruption institutions working • 1996 – first wealth statements were introduced, with an opaque procedure
Second period: 2000-2007 • Anticorruption instruments are generated through legislative initiatives and institutional building • 2005 – reformist wave: National Anticorruption Directorate, new interest declaration templates • 2007 – Cooperation and Verification Mechanism (CVM), National Integrity Agency
Third period: 2007-2012 • Institutions start producing visible results • 2010 – Constitutional Court decision limits the attributions of NIA • 2012 – five years of monitoring through CVM: NIA and NAD are presented as efficient institutions
Legal design and issues • Conflicts of interests, incompatibilities and wealth declaration are covered by both general and special laws • Drastic modification of legislation in 2010 • Frequent legislative amendments • Significant number of raised unconstitutionality exceptions
Evolutions and setbacks of the system • Instruments of political control: • legislative initiatives + Constitutional Court • budgeting • political declarations + electoral campaign • defensive stance and opposition to putting into practice legal decisions
Anticorruption network National Anticorruption Directorate + National Integrity Agency European funds management institutions Courts