EUROPAM

European Public Accountability Mechanisms

Romania

Country score (European Average*)
  • 89(66) Political Financing
  • 87(53) Financial Disclosure
  • 44(37) Conflict of Interest
  • 64(59) Freedom of Information
  • 82(62) Public Procurement

Country Facts

IncomeUpper middle
GNI per capita (2011 PPP $)20939.92
Population, total19705301.00
Urban population (% of total)54.75
Internet users (per 100 people)59.50
Life expectancy at birth (years)74.96
Mean years of schooling (years)10.8
Global Competitiveness Index4.3
Sources: World Bank, UNDP, WEF.

Political Financing

The Law on the Financing of Electoral Campaigns and the Activity of Political Parties (2006, amended 2015) and the Regulations on the Elections to the Chamber of Deputies and the Senate (2015) are the main laws regulating the financing of political parties in Romania.

There are some limits on the private income of political parties. There are bans on donations from foreign entities and trade unions but donations are permitted from corporations and anonymous donors. There are limits on what may be donated to parties.

Public funding is available for political parties and is allocated on the basis of the share of votes in the previous election and representation in the elected body. There are specific rules stipulating what the funding may be used for and they permit public funding to be used for campaign spending and ongoing party activities. Indirect public funding is available in the form of subsidized media access (which is allocated according to the number candidates), space for campaign meetings and tax relief. There are also provisions to encourage gender equality.

There are regulations on spending. Vote buying is banned and there are some restrictions on the use of state resources being used in favour or against parties or candidates. There are limits on spending.

Parties are required to keep accounts which must reveal publicly information regarding the finances in relation to election campaigns and the identity of donors. Accounts are overseen by the Permanent Electoral Authority, the Court of Audit and the Control Department for the Financing of Political Parties and Electoral Campaigns. There are sanctions for breaches of the provisions of the law in the form of fines, the loss of public funding and forfeiture as well as sanctions under the criminal law.


Quantitative Data

Primary Metric

20122015201620172020Trend
Bans and limits on private income6969676767
Public funding8888888888
Regulations on spending100100100100100
Reporting, oversight and sanctions92100100100100

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Bans on donations from foreign interests

Is there a ban on donations from foreign interests to political parties? Yes. Art.15(1) Acceptance of donations from other states or foreign organizations, as well as from foreign natural or legal persons without romanian nationality is forbidden, except those received from citizens of a European Union member States resident in Romania who qualify as members of the political party granted their donation. 15(2) Notwithstanding the provisions of paragraph 1, donations consisting of material goods necessary for the political activity but which are not electoral propaganda materials, received from international political organizations to which the respective party is affiliated or from political parties or political organizations collaborating with the party in case are permitted. Propaganda materials that are to be used only during the electoral cam for the election of the Romania's representatives to the European Parliament are also permitted. ( Article 15 paragraph (1) and (2), Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015)
Is there a ban on donations from foreign interests to candidates? Yes. Art.15(1) Acceptance of donations from other states or foreign organizations, as well as from foreign natural or legal persons without romanian nationality is forbidden, except those received from citizens of a European Union member States resident in Romania who qualify as members of the political party granted their donation. 15(2) Notwithstanding the provisions of paragraph 1, donations consisting of material goods necessary for the political activity but which are not electoral propaganda materials, received from international political organizations to which the respective party is affiliated or from political parties or political organizations collaborating with the party in case are permitted. Propaganda materials that are to be used only during the electoral cam for the election of the Romania's representatives to the European Parliament are also permitted. (Article 15 paragraph (1) and (2), Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015)

Bans on corporate donations

Is there a ban on corporate donations to political parties? No. Absent from legal framework
Is there a ban on corporate donations to candidates? No. Absent from legal framework
Is there a ban on donations from corporations with government contracts to political parties? No. Absent from legal framework
Is there a ban on donations from corporations of partial government ownership to political parties? Yes. 14 (1) The use of financial, human and technical resources belonging to/of public insititutions, autonomous administrations, national companies, companies governed by Law n.31/1990 and banking companies whose entire or majority capital is owned by the state‌ or by a local administration, to support the activities or the electoral campaign of political parties, is forbidden unless the electoral laws provide otherwise. (2).‌ Political parties can not accept donations or services provided free of charge from a public authority or institution, autonomous administration, national company, company governed by Law n.31/1990, as amended, or a banking company whose entire or majority capital is owned by the state.‌ (5) The provisions of paragraphs 1-4 shall apply accordingly for political alliances, electoral alliances, as well as for independent candidates. (Article 14 paragrapgh (1), (2) and (5), Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015; )
Is there a ban on donations from corporations with government contracts to candidates? No. Absent from legal framework
Is there a ban on donations from corporations of partial government ownership to candidates? Yes. Art 14(2).‌ Political parties can not accept donations or services provided free of charge from a public authority or institution, autonomous administration, national company, trading company governed by Law n.31/1990, as amended, or a banking company whose entire or majority capital is owned by the state.‌ (5) The provisions of paragraphs 1-‌4 shall apply accordingly for political alliances, electoral alliances, as well as for independent candidates. (Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015, amended 2015, Article 14(2))

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties? Yes. P 10, "Parties may receive donations both from legal and from natural persons, with the exception of trade unions or religious entities, foreign persons, foreign countries or organisations (goods coming from international political organisations and which are “necessary for the political activity” may be accepted under certain circumstances under the Law no.‌ 334/‌2006 – art.‌ 11 para.‌ 2).‌" (GRECO (2010) Evaluation Report on Romania on Transparency of Party Funding (Theme II)) 14 (3) Donations made by a trade union or any religious cult, irrespective of their nature, are strictly forbidden".14(5) The provisions of paragraphs 1-‌4 shall apply accordingly for political alliances, electoral alliances, as well as for independent candidates. (P 10 may be accepted under certain circumstances under the Law no.‌ 334/‌2006 – art.‌ 11 para.‌ 2).‌" (GRECO (2010) Evaluation Report on Romania on Transparency of Party Funding (Theme II)) Art.‌ 14 paragraph (3) and (5), Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015)
Is there a ban on donations from Trade Unions to candidates? Yes. 14 (3) Donations made by a trade union or any religious cult, irrespective of their nature, are strictly forbidden.14(5) The provisions of paragraphs 1-‌4 shall apply accordingly for political alliances, electoral alliances, as well as for independent candidates. (Art.‌ 14 paragraph (3) and (5), Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015)

Bans on anonymous donations

Is there a ban on anonymous donations to political parties? No. Article 11(1) Upon receipt of a donation, the identity of the donor shall be mandatorily checked and registered, irrespective of the public or confidential character of the same.‌ 11(2) Upon written request of the donor's identity remains confidential, where donations are within the annual amount of 10 minimum salaries wage.‌ 11(3) The total amount received by a political party as confidential donations cannot exceed the equivalent of 0.‌006% of state revenues in the budget for the year.‌ Art. 13 (1) Political parties shall publish in the Official Journal of Romania, Part I, the list of natural and legal persons who during the previous financial year made donations whose cumulated value exceeds 10 minimum gross base salaries at the country level, the list of natural and legal persons providing loans whose value exceeds 100 minimum gross base salaries and the total amount of loans with a value that does not exceed 100 minimum gross base salaries received by 30 April of the following year. However, there is a specific limit. The identity of a donor can remain confidential if (s)he so requests, if the annual amount contributed is less than 10 minimum salaries. (Articles 11 paragraph (1) , (2) ,‌ (3) and 13 (1) (Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015) )
Is there a ban on anonymous donations to candidates? No. Absent from legal framework

Other bans on donations

Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? Yes. 14 (1) The use of financial, human and technical resources belonging to/of public insititutions, autonomous administrations, national companies, companies governed by Law n.31/1990 and banking companies whose entire or majority capital is owned by the state‌ or by a local administration, to support the activities or the electoral campaign of political parties, is forbidden unless the electoral laws provide otherwise.(5) The provisions of paragraphs 1-‌4 shall apply accordingly for political alliances, electoral alliances, as well as for independent candidates. (Article 14 paragraph (2) and (5) (Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015) )
Is there a ban on any other form of donation? Yes. Art 14.‌3, Donations made by a trade union or any religious cult, irrespective of their nature, are strictly forbidden.‌ "Religious cults" are prohibited from making donations. (Art 14(‌3) (Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015) )

Donation limits

Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? Yes. 6(2) The donations received from a natural person during one year can amount up to 200 minimum gross base salaries at the country level, as of 1 January of the year in case. 6(3) The donations directly or indirectly controlled by a legal entitity received from a legal person during one year can amount up to 500 minimum gross base salaries at the country level, as of 1 January of the year in case. (Art 6(2) and 6(3) (Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015))
Is there a limit on the amount a donor can contribute to a political party in relation to an election? Yes. Limit is 400 (natural person)/1,000 (legal person) minimum gross salaries per election year 6(2) The donations received from a natural person during one year can amount up to 200 minimum gross base salaries at the country level, as of 1 January of the year in case. 6(3) The donations received from a legal person during one year can amount up to 500 minimum gross base salaries at the country level, as of 1 January of the year in case. (PAGE 10, POINT 35, (GRECO (2010) Evaluation Report on Romania on Transparency of Party Funding (Theme II)) Art 6(2) and 6(3) (Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015) )
Is there a limit on the amount a donor can contribute to a candidate? No. Contribution limits only exist for political parties. Note that partisan candidates can only finance campaigning through their parties, which mean that they have to provide funds to their party (and those funds thereby fall under the contribution limits to parties). ( )

Public funding 

Eligibility criteria for direct public funding to political parties

Eligibility criteria for direct public funding to political parties: Share of votes in previous election Yes. Art.19. 75% of the annual budget allotted to political parties shall be divided to the same, in direct proportion with the number of votes obtained at the parliamentary elections, that is based on the average number of validly expressed votes for the Chamber of Members of Parliament and the Senate, if they made the electoral threshold. (Art 19, (Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015))
Eligibility criteria for direct public funding to political parties: Representation in elected body Yes. Art.20. 25% of the annual budget allotted to political parties shall be divided to the same, in direct proportion with the number of validly expressed votes, obtained at the local election for county counselors and the counselors for Bucharest municipality, if they obtained at least 50 mandates of county counselor and counselor for Bucharest municipality. (Art 20, (Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015) )
Eligibility criteria for direct public funding to political parties: Participation in election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of candidates No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in previous election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Registration as a political party No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Other No. Absent from legal framework

Allocation calculations for direct public funding to political parties

Allocation calculations for direct public funding to political parties: Proportional to votes received Yes. Art.19. 75% of the annual budget allotted to political parties shall be divided to the same, in direct proportion with the number of votes obtained at the parliamentary elections, that is based on the average number of validly expressed votes for the Chamber of Members of Parliament and the Senate, if they made the electoral threshold. Art.20. 25% of the annual budget allotted to political parties shall be divided to the same, in direct proportion with the number of validly expressed votes, obtained at the local election for county counselors and the counselors for Bucharest municipality, if they obtained at least 50 mandates of county counselor and counselor for Bucharest municipality. (Artciles 19 and 20, (Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015) )
Allocation calculations for direct public funding to political parties: Equal No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to seats received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Flat rate by votes received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Other No. Absent from legal framework

Earmarking provisions for direct public funding to political parties

Earmarking provisions for direct public funding to political parties: Campaign spending No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Ongoing party activities Yes. Art.25(1)(d) expenses for the organization of political activities; (Art 25(1)(d), Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015)
Earmarking provisions for direct public funding to political parties: Intra-party institution No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Other No. Art. 25 (1) The income from subsidies from the state budget can be used for the following purposes: a) material expenses for the maintenance and operation of the premises; b) personnel expenses; c) media and propaganda expenses; d) expenses for the organization of political activities; e) expenses for travelling in Romania and abroad; f) expenses for telecommunications; g) expenses for delegations abroad; h) expenses for the membership fees due to the international political organizations to which the party is affiliated; i) investments in movable and immovable assets necessary for the activity of the respective party; j) protocol expenses; k) expenses for offices supplies; l) expenses for bank charges; m) expenses for rent and utilities offices n) expenses for maintenance and car repair o) espenses for insurance premiums p) expenses for transports r) expenses for fuels and oil (Art 25(1) (Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015))

Allocation criteria for free or subsidized access to media for political parties

Allocation criteria for free or subsidized access to media for political parties: Equal yes. Public and private broadcasters are obliged to ensure, within audiovisual programs, the conduct of a fair, balanced and fair electoral campaign for all political parties, political alliances, electoral alliances, citizens' organizations belonging to national minorities, as well as for all candidates (Art.‌ 66 (1c), Law No. 208/‌2015 Regulations on the Elections to the Chamber of Members of Parliament and the Senate)
Allocation criteria for free or subsidized access to media for political parties: Number of candidates Yes. Art. 38(1) The political parties, political alliances, electoral alliances, organisations of citizens belonging to national minorities participating in the elections under the terms of the present title, and the independent candidates shall have free of charge access to the radio and television public services proportionally to the number of candidatures forwarded and remained final. (Art.‌ 38 (1) , Law No. 208/‌2015 Regulations on the Elections to the Chamber of Members of Parliament and the Senate)
Allocation criteria for free or subsidized access to media for political parties: Share of seats No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election No. Absent from legal framework ( )
Allocation criteria for free or subsidized access to media for political parties: Other No. Absent from legal framework
Are there provisions for free or subsidized access to media for candidates? Yes. Art. 38 (1) The political parties, political alliances, electoral alliances, organisations of citizens belonging to national minorities participating in the elections under the terms of the present title, and the independent candidates shall have free of charge access to the radio and television public services proportionally to the number of candidatures forwarded and remained final. (Art.‌ 38(1), Law No. 208/‌2015 Regulations on the Elections to the Chamber of Members of Parliament and the Senate )

Are there provisions for any other form of indirect public funding?

Provisions for any other form of indirect public funding: Premises for campaign meetings Yes. Art. 26 (1) The authorities of the central and local public administration shall provide with priority within 90 days from receiving an application to this purpose, premises for the head and local offices of the political parties, as well as the associated land, based on a justified request. (2) Political parties can receive one head office at the most for each local administrative unit. (Art 26 (1) Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015)
Provisions for any other form of indirect public funding: Space for campaign materials No. Absent from legal framework
Provisions for any other form of indirect public funding: Tax relief Yes. Art. 3 (1) The financing sources supporting the activity of a political party are: a) membership fees; b) donations, legacies and other liberalities; c) income from the party’s own activity according to art. 12; d) subsidies from the state budget. e) loans from natural persons and legal entities (10) The income obtained from the activities stipulated under paragraph 1, point c is exempted from taxes and duties. (Art 3 Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015 P8, GRECO (2010) Evaluation Report on Romania on Transparency of Party Funding (Theme II) )
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised postage cost No. Absent from legal framework
Provisions for any other form of indirect public funding: Other No. Absent from legal framework
Is the provision of direct public funding to political parties related to gender equality among candidates? Yes. Art.‌ 18 (2) The amount allotted annually for political parties can not exceed 0.04% of the income stipulated in the state budget. For the political parties that promote women on their electoral lists on eligible positions, the amount allotted from the state budget shall be increased in direct proportion with the number of the mandates obtained during election by the female candidates. (Art.‌18 (2) Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015 )
Are there provisions for other financial advantages to encourage gender equality in political parties? No. Absent from legal framework

Regulations on spending 

Is there a ban on vote buying? Yes. ART. 386 (1) "The act of offering or giving money or other benefits in order to determine a voter to vote or not to vote for a certain list of candidates or for an independent candidate shall be punishable by no less than 6 months and no more than 3 years of imprisonment and a ban on the exercise of certain rights" (Art 386, Criminal Code, 2009, amended 2015 )
Are there bans on state resources being used in favour or against a political party or candidate? Yes. Art.14(1) The use of financial, human and technical resources belonging to/of public insititutions, autonomous administrations, national companies, companies governed by Law n.31/1990 and banking companies whose entire or majority capital is owned by the state‌ or by a local administration, to support the activities or the electoral campaign of political parties, is forbidden unless the electoral laws provide otherwise. However, state subsidies are allowed for election campaigns. See above (Art 14(1), Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015 )
Are there limits on the amount a political party can spend? Yes. Art.37 (1) The maximum of the expenses that can be made during each electoral campaign or referendum in national constituency or in each county constituency of Bucarest shall be within the limits provided in art.28-31. (Art 37(1), Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015)
Are there limits on the amount a candidate can spend? Yes. Varies depending on the type of election. Extensive information provided in Art 37. (Art 37(1), Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015)

Reporting, oversight and sanctions 

Reporting standards

Do political parties have to report regularly on their finances? Yes. (4) Political parties shall publish in the Official Journal of Romania, Part I, the total amount of the income from membership fees by 30 April of the following year, as well as the list of party members that paid in one year membership fees whose cumulated value exceeds 10 minimum gross salaries at the country level. (Art 4(4)Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015 )
Do political parties have to report on their finances in relation to election campaigns? Yes. Article 28 (9). Within 48 hours from the submission of an amount into the accounts provided in paragraph 1, the candidate shall submit to the financial agent a statement indicating the source of the contribution. 28 (10) Contributions to the election campaign shall be declared to the financial agent to the Electoral Authority. Article 34 (1) (5). The financial agent shall: a)ensure the registration of financial operations at national level, in case of presidential elections, election of Romania's representatives in European Parliament and national referendum. [...] (Articles 28 (paragraph 9 and 10) and 34 (paragraph 5), Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015)
Do candidates have to report on their campaign finances? Yes. Article 28 (9). Within 48 hours from the submission of an amount into the accounts provided in paragraph 1, the candidate shall submit to the financial agent a statement indicating the source of the contribution. 28 (10) Contributions to the election campaign shall be declared to the financial agent to the Electoral Authority. Article 34 (5). The financial agent shall: a)ensure the registration of financial operations at national level, in case of presidential elections, election of Romania's representatives in European Parliament and national referendum. [...] (Articles 28 (paragraph 9 and 10) and 34 (paragraph 5), Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015)
Is information in reports from political parties and/​or candidates to be made public? Yes. Art.13(1) Political parties shall publish in the Official Journal of Romania, Part I the list of natural and legal persons who during a financial year made donations whose cumulated value exceeds 10 minimum gross base salaries at the country level, as well as the total amount of the confidential donations received by 30 April of the following year. (Article 13(1) , Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015 )
Must reports from political parties and/​or candidates reveal the identity of donors? Yes. Art.13(1) Political parties shall publish in the Official Journal of Romania, Part I the list of natural and legal persons who during a financial year made donations whose cumulated value exceeds 10 minimum gross base salaries at the country level, as well as the total amount of the confidential donations received by 30 April of the following year. (2) The list indicated under paragraph 1 shall include the following elements: a) for natural persons: last name and first name of the party member, personal identification number, citizenship, amount, type of donation and date when it was made; b) for legal persons: name, registered office, nationality, unique registration code, amount, type of donation and the date when it was made. (Article 13(1) , Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015 )
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board Yes. Art.42 (1) The Permanent Electoral Authority is the public authority authorized to check the compliance with the lawful provisions on the financing of political parties, political or electoral alliances, independent candidates and electoral campaigns. (Article 42, Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015 )
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Ministry No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Special institution No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Court No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Other No. Absent from legal framework

Political finance oversight

Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Ministry No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Auditing agency Yes. Art. 42(2) The control of the subsidies from the state budget shall be carried out simultaneously by the Court of Audit, according to the provisions of Law no.‌ 94/‌1992 on the organization and operation of the Court of Audit, as republished, as subsequently amended and completed. (Article 42, Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015 )
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body Yes. Art.42 (1) The Permanent Electoral Authority is the public authority authorized to check the compliance with the lawful provisions on the financing of political parties, political or electoral alliances, independent candidates and electoral campaigns.‌ (2) The control of the subsidies from the state budget shall be carried out simultaneously by the Court of Audit, according to the provisions of Law no.‌ 94/‌1992 on the organization and operation of the Court of Audit, as republished, as subsequently amended and completed.‌ (3) The Control Department for the Financing of Political Parties and Electoral Campaigns shall be established within 60 days from the date this law comes into effect, as part of the Permanent Electoral Authority, by supplementing the existing personnel members.‌" (Article 42, Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015 )
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Other No. Absent from legal framework
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court No. Absent from legal framework
Institutions with a formal role in political finance oversight: Ministry No. Absent from legal framework
Institutions with a formal role in political finance oversight: Auditing agency No. Absent from legal framework
Institutions with a formal role in political finance oversight: EMB Yes. Art. 44 (1) The Permanent Electoral Authority shall check annually and whenever notified the compliance of each party with the lawful provisions on the financing of political parties. (Art 44 (1), Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015 )
Institutions with a formal role in political finance oversight: Institution for this purpose No. Absent from legal framework
Institutions with a formal role in political finance oversight: Other Yes. The persons running for the position of president of Romania, deputy, senator, county councillor, president of the county council, local councillor or mayor have the obligation to disclose their assets and interests.‌ Disclosures of assets and interests will be submitted to the Central Electoral Office or, as applicable, to the constituency electoral office, together with the candidacy acceptance statement, in two copies.‌ The Central Electoral Office and the constituency electoral office will send a copy of the disclosure of assets and interests to the National Integrity Agency, within maximum 48 hours from its submission.‌ Disclosures of assets and interests of the candidates to the position of President of Romania shall be published in the Official Journal, Part III, as well as posted on the Agency’s website, within 10 days from the date of their submission or reception, as applicable and it shall be maintained as such.‌ Disclosures of assets and interests of the candidates to positions of deputy, senator, county councillor, president of the county council, local councillor or mayor will be published on the Agency’s website, within 10 days from the date of their reception and shall be maintained as such.‌ (Art .2-3-4, Law 176/2010 on integrity in exercising public offices and dignities, amended 2014)
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines Yes. Art.52 (1) The infringement of the provisions of the articles below represents an offence, unless committed in such a way as to constitute a crime, according to the criminal law, and they shall be sanctioned by fines between RON 10,000 and RON 25,000: (Art 52(1), Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015)
Sanctions for political finance infractions: Loss of public funding Yes. Art. 53(1) In the cases indicated under art. 52 paragraph 1 to 3, the offender shall pay to the state budget the amounts of money and/ or the equivalent value of the goods and services which represented the object of the offence in case, based on the decision of the Permanent Electoral Authority. (Art 53(1), Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015)
Sanctions for political finance infractions: Penal/Criminal Yes. Art.52 (1) The infringement of the provisions of the articles below represents an offence, unless committed in such a way as to constitute a crime, according to the criminal law, and they shall be sanctioned by fines between RON 10,000 and RON 25,000: (Art 52(1), Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015)
Sanctions for political finance infractions: Forfeiture Yes. Art. 53(1) In the cases indicated under art. 52 paragraph 1 to 3, the offender shall pay to the state budget the amounts of money and/ or the equivalent value of the goods and services which represented the object of the offence in case, based on the decision of the Permanent Electoral Authority. (Art 53(1), Law No.​ 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns, ​2006, amended 2015)
Sanctions for political finance infractions: Deregistration of party No. Absent from legal framework
Sanctions for political finance infractions: Loss of elected office No. Absent from legal framework
Sanctions for political finance infractions: Suspension of political party No. Absent from legal framework
Sanctions for political finance infractions: Loss of nomination of candidate No. Absent from legal framework
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework
Sanctions for political finance infractions: Other No. Absent from legal framework

Legislation

Law No. 334/2006 on the Financing of the Activity of Political Parties and Electoral Campaigns,​ amended 2015 (Romanian)pdf
Law No. 208/2015 Regulations on the Elections to the Chamber of Members of Parliament and the Senate (Romanian)pdf
Law No. 176/2010 on integrity in exercising public offices and dignities, 2010, amended 2014 (Romanian)pdf
Criminal Code, 2009, amended 2015 (Romanian)pdf

*Last update: 2017


Financial Disclosure

In Romania, the Annex to the Law 196 on Integrity and Transparency obligations of Public officials (2010) makes the same disclosure requirements for all public officials. These include declaring real estate, movable assets, cash, debts, and received gifts. In addition, net income, income-producing assets, holding board membership, and being an associate or shareholder of a company must be declared. The spouse and children are included in the disclosure requirements.

All public officials submit statements upon taking and leaving office, and update them annually. Submitting late statements comes with a public warning, while non-filling is sanctioned with a fine. A fine or prison sentence of up to two years may be imposed in case of submitting false disclosure statements. Responsible depository bodies differ depending on the position, with the Presidential Administration Chancellery for the Head of State, the Secretary General of the Government for Ministers, the Secretary General of the Chamber to which they belong for MPs, and the Human Resources department for Civil Servants. Corresponding integrity inspectors are always responsible for verifying declarations’ accuracy and for law enforcement. All official’s declarations are made publicly available on corresponding websites. Additionally, the Head of State’s declaration is published in the official Gazette of Romania.


Quantitative Data

Primary Metric

20122015201620172020Trend
Disclosure items8185858585
Filing frequency10075757575
Sanctions33100100100100
Monitoring and Oversight50100100100100
Public access to declarations2575757575

Alternative Metric

20122015201620172020Trend
Head of State5887878787
Ministers5887878787
Members of Parliament5787878787
Civil servants5887878787

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure Yes. Family affiliations (husband/wife, children) must be disclosed, as well as if they are the owners of any of the disclosed items. (Annex 1 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Income and Assets
Real estate Yes. Real estate category, year of acquisition, area and share of holdings must be declared. (Annex 1 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Movable assets Yes. Movable property whose value exceeds 3,000 euros each. (Annex 1 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Cash Yes. Accounts and bank deposits, investment funds, equivalent forms of saving and investment, including cards credit, if the aggregate value of all of them exceeding 5,000 euros. (Annex 1 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Loans and Debts Yes. Investments, direct investment and loans, if the aggregate market value exceeds 5,000 euro as well as low rates, mortgages, guarantees issued for the benefit of a third party, goods purchased in leasing and other such goods, whether exceeds the aggregate value of all 5,000 euro. (Annex 1 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Income from outside employment/assets Yes. Net income-producing assets, which aggregated exceeding the equivalent of 5,000 euros per year: Income of declarant and his family in a fiscal year. (Annex 1 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Incompatibilities
Gifts received as a public official Yes. Gifts, services or benefits received free or subsidized to market value from persons, organizations, companies, autonomous administrations / national companies or public institutions Romanian or foreign, including grants, loans, guarantees, settlement of charges other than those of the employer, whose individual value exceeds 500 euros. Gifts from relatives are exempted. Gifts must be declared within 30 days. (Annex 1 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020 Law on Gifts (2004))
Private firm ownership and/or stock holdings Yes. being an associate or shareholder of a company must be declared inlcuding the name of the company, its value and the declarant's shares. (Annex 2 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Ownership of state-owned enterprises (SOEs) Yes. ownership must be declared, but not income / value gains. (Annex 2 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Holding government contracts Yes. Contracting party and type of contract must be disclosed (Annex 2 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Board member, advisor, or company officer of private firm Yes. Board membership and value benefits from the job (if any) must be declared. (Annex 2 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework. (General)
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Concurrent employment of family members in public sector No. Absent from legal framework. (General)

Filing frequency

Filing required upon taking office Yes. A declaration must be submitted within 30 days of the date of election. (Art. 4 (1) Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Filing required upon leaving office Yes. A declaration must be submitted no later than 30 days before leaving office (Art. 4 (3) Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Filing required annually Yes. Assets and interests must be declared on June 15, and wealth statement by December 31 each year. (Art. 4 (2) Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework. (General)

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. A list of people who have not filed the declaration by the deadline are published by the depository body, (Art. 6g Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Non-filling is fined with 50 lei (10 EUR) to 2,000 lei (410 EUR) (Art. 29 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. False declarations before public authorities may be punished by imprisonment for up to 2 years or a fine. False declaration can lead to a loss of office, disciplinary sanctions, fines. (Article 326, Criminal Code (2009, amended 2016) Art. 25, 26, 27 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)

Monitoring and Oversight

Depository body explicitly identified Yes. Person appointed by the head of the Presidential Administration Chancellery (Art. 5 (2a) Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Enforcement body explicitly identified Yes. Integrity inspectors prepare assessment reports which evaluate whether there are any infringements and decide upon appropriate penaties (Art. 10 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Some agency assigned responsibility for verifying submission Yes. Integrity inspectors prepare assessment reports which evaluate whether there are any infringements and decide upon appropriate penaties (Art. 10, 11 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Some agency assigned responsibility for verifying accuracy Yes. Integrity inspectors prepare assessment reports which evaluate whether there are any infringements and decide upon appropriate penaties (Art. 10, 11 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)

Public access to declarations

Public availability Yes. Entire declaration is published in the official Gazette of Romania and the website of the integrity agency within 10 days. (Art. 3 (6) Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Timing of information release specified Yes. 10 days after submitting the declaration (Art. 3 (6) Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Location(s) of access specified Yes. In the Gazette of Romania and the homepage of the agency; and on the website of the institution if there is any/ otherwise on the public noticing board. (Art. 3 (6), Art. 6e Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Cost of access specified No. Absent from legal framework. (General)

Ministers

Disclosure items

Spouses and children included in disclosure Yes. Family affiliations (husband/wife, children) must be disclosed, as well as if they are the owners of any of the disclosed items. (Annex 1 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Income and Assets
Real estate Yes. Real estate category, year of acquisition, area and share of holdings must be declared. (Annex 1 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Movable assets Yes. Movable property whose value exceeds 3,000 euros each. (Annex 1 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Cash Yes. Accounts and bank deposits, investment funds, equivalent forms of saving and investment, including cards credit, if the aggregate value of all of them exceeding 5,000 euros. (Annex 1 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Loans and Debts Yes. Investments, direct investment and loans, if the aggregate market value exceeds 5,000 euro as well as low rates, mortgages, guarantees issued for the benefit of a third party, goods purchased in leasing and other such goods, whether exceeds the aggregate value of all 5,000 euro. (Annex 1 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Income from outside employment/assets Yes. Net income-producing assets, which aggregated exceeding the equivalent of 5,000 euros per year: Income of declarant and his family in a fiscal year. (Annex 1 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Incompatibilities
Gifts received as a public official Yes. Gifts, services or benefits received free or subsidized to market value from persons, organizations, companies, autonomous administrations / national companies or public institutions Romanian or foreign, including grants, loans, guarantees, settlement of charges other than those of the employer, whose individual value exceeds 500 euros. Gifts from relatives are exempted. Gifts must be declared within 30 days. (Annex 1 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020 Law on Gifts (2004))
Private firm ownership and/or stock holdings Yes. being an associate or shareholder of a company must be declared inlcuding the name of the company, its value and the declarant's shares. (Annex 2 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Ownership of state-owned enterprises (SOEs) Yes. ownership must be declared, but not income / value gains. (Annex 2 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Holding government contracts Yes. Contracting party and type of contract must be disclosed (Annex 2 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Board member, advisor, or company officer of private firm Yes. Board membership and value benefits from the job (if any) must be declared. (Annex 2 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework. (General)
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Concurrent employment of family members in public sector No. Absent from legal framework. (General)

Filing frequency

Filing required upon taking office Yes. A declaration must be submitted within 30 days of the date of election. (Art. 4 (1) Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Filing required upon leaving office Yes. A declaration must be submitted no later than 30 days before leaving office (Art. 4 (3) Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Filing required annually Yes. Assets and interests must be declared on June 15, and wealth statement by December 31 each year. (Art. 4 (2) Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework. (General)

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. A list of people who have not filed the declaration by the deadline are published by the depository body, (Art. 6g Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Non-filling is fined with 50 to 2,000 lei (Art. 29 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. False declarations before public authorities may be punished by imprisonment for up to 2 years or a fine. False declaration can lead to a loss of office, disciplinary sanctions, fines. ( Article 326, Criminal Code (2020) Art. 25, 26, 27 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)

Monitoring and Oversight

Depository body explicitly identified Yes. Person designated by the Secretary General of the Government (Art. 5 (2d) Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Enforcement body explicitly identified Yes. Integrity inspectors prepare assessment reports which evaluate whether there are any infringements and decide upon appropriate penaties (Art. 10 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Some agency assigned responsibility for verifying submission Yes. Integrity inspectors prepare assessment reports which evaluate whether there are any infringements and decide upon appropriate penaties (Art. 10, 11 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Some agency assigned responsibility for verifying accuracy Yes. Integrity inspectors prepare assessment reports which evaluate whether there are any infringements and decide upon appropriate penaties (Art. 10, 11 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)

Public access to declarations

Public availability Yes. Entire declaration is published on the website of the integrity agency within 10 days. (Art. 3 (7) Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Timing of information release specified Yes. Within 10 days of receipt (Art. 3 (7) Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Cost of access specified No. Absent from legal framework. (General)

Members of Parliament

Disclosure items

Spouses and children included in disclosure Yes. Family affiliations (husband/wife, children) must be disclosed, as well as if they are the owners of any of the disclosed items. (Annex 1 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Income and Assets
Real estate Yes. Real estate category, year of acquisition, area and share of holdings must be declared. (Annex 1 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Movable assets Yes. Movable property whose value exceeds 3,000 euros each. (Annex 1 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Cash Yes. Accounts and bank deposits, investment funds, equivalent forms of saving and investment, including cards credit, if the aggregate value of all of them exceeding 5,000 euros. (Annex 1 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Loans and Debts Yes. Investments, direct investment and loans, if the aggregate market value exceeds 5,000 euro as well as low rates, mortgages, guarantees issued for the benefit of a third party, goods purchased in leasing and other such goods, whether exceeds the aggregate value of all 5,000 euro. (Annex 1 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Income from outside employment/assets Yes. Net income-producing assets, which aggregated exceeding the equivalent of 5,000 euros per year: Income of declarant and his family in a fiscal year. (Annex 1 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Incompatibilities
Gifts received as a public official Yes. Gifts, services or benefits received free or subsidized to market value from persons, organizations, companies, autonomous administrations / national companies or public institutions Romanian or foreign, including grants, loans, guarantees, settlement of charges other than those of the employer, whose individual value exceeds 500 euros. Gifts from relatives are exempted. Gifts must be declared within 30 days. (Annex 1 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020 Law on Gifts (2004))
Private firm ownership and/or stock holdings Yes. being an associate or shareholder of a company must be declared inlcuding the name of the company, its value and the declarant's shares. (Annex 2 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Ownership of state-owned enterprises (SOEs) Yes. ownership must be declared, but not income / value gains. (Annex 2 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Holding government contracts Yes. Contracting party and type of contract must be disclosed (Annex 2 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Board member, advisor, or company officer of private firm Yes. Board membership and value benefits from the job (if any) must be declared. (Annex 2 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework. (General)
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Concurrent employment of family members in public sector No. Absent from legal framework. (General)

Filing frequency

Filing required upon taking office Yes. A declaration must be submitted within 30 days of the date of election. (Art. 4 (1) Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Filing required upon leaving office Yes. A declaration must be submitted no later than 30 days before leaving office (Art. 4 (3) Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Filing required annually Yes. Assets and interests must be declared on June 15, and wealth statement by December 31 each year. (Art. 4 (2) Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework. (General)

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. A list of people who have not filed the declaration by the deadline are published by the depository body, (Art. 6g Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Non-filling is fined with 50 to 2,000 lei (Art. 29 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. False declarations before public authorities may be punished by imprisonment for up to 2 years or a fine. False declaration can lead to a loss of office, disciplinary sanctions, fines. (Article 326, Criminal Code (2009, amended 2016) Art. 25, 26, 27 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)

Monitoring and Oversight

Depository body explicitly identified Yes. Person designated by the Secretary General of the Chamber to which they belong (Art. 5 (2b) Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Enforcement body explicitly identified Yes. Integrity inspectors prepare assessment reports which evaluate whether there are any infringements and decide upon appropriate penaties. Any notification in connection with the non-observance of the code of conduct of MPs by deputies or senators shall be resolved by the legal commissions of the two Chambers, as the case may be. (Art. 10 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020 Art. 8 a of the newly adopted Code of Conduct for Deputies and Senators (2017))
Some agency assigned responsibility for verifying submission Yes. Integrity inspectors prepare assessment reports which evaluate whether there are any infringements and decide upon appropriate penaties. Among teh cases for the legal commission to intervene are regarding suspicions of violation of this code or non-application of its provisions. (Art. 10, 11 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Some agency assigned responsibility for verifying accuracy Yes. Integrity inspectors prepare assessment reports which evaluate whether there are any infringements and decide upon appropriate penaties. Among teh cases for the legal commission to intervene are regarding suspicions of violation of this code or non-application of its provisions. (Art. 10, 11 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)

Public access to declarations

Public availability Yes. Financial declarations are to be made public. (Art. 6e Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Timing of information release specified Yes. Within 30 days of receipt (Art. 6e Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Cost of access specified No. Absent from legal framework. (General)

Civil servants

Disclosure items

Spouses and children included in disclosure Yes. Family affiliations (husband/wife, children) must be disclosed, as well as if they are the owners of any of the disclosed items. (Annex 1 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Income and Assets
Real estate Yes. Real estate category, year of acquisition, area and share of holdings must be declared. (Annex 1 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Movable assets Yes. Movable property whose value exceeds 3,000 euros each. (Annex 1 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Cash Yes. Accounts and bank deposits, investment funds, equivalent forms of saving and investment, including cards credit, if the aggregate value of all of them exceeding 5,000 euros. (Annex 1 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Loans and Debts Yes. Investments, direct investment and loans, if the aggregate market value exceeds 5,000 euro as well as low rates, mortgages, guarantees issued for the benefit of a third party, goods purchased in leasing and other such goods, whether exceeds the aggregate value of all 5,000 euro. (Annex 1 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Income from outside employment/assets Yes. Net income-producing assets, which aggregated exceeding the equivalent of 5,000 euros per year: Income of declarant and his family in a fiscal year. (Annex 1 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Incompatibilities
Gifts received as a public official Yes. Gifts, services or benefits received free or subsidized to market value from persons, organizations, companies, autonomous administrations / national companies or public institutions Romanian or foreign, including grants, loans, guarantees, settlement of charges other than those of the employer, whose individual value exceeds 500 euros. Gifts from relatives are exempted. Gifts must be declared within 30 days. (Annex 1 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Private firm ownership and/or stock holdings Yes. being an associate or shareholder of a company must be declared inlcuding the name of the company, its value and the declarant's shares. (Annex 2 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Ownership of state-owned enterprises (SOEs) Yes. ownership must be declared, but not income / value gains. (Annex 2 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Holding government contracts Yes. Contracting party and type of contract must be disclosed (Annex 2 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Board member, advisor, or company officer of private firm Yes. Board membership and value benefits from the job (if any) must be declared. (Annex 2 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework. (General)
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Concurrent employment of family members in public sector No. Absent from legal framework. (General)

Filing frequency

Filing required upon taking office Yes. A declaration must be submitted within 30 days of the date of appointment (Art. 4 (1) Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Filing required upon leaving office Yes. A declaration must be submitted no later than 30 days before leaving office (Art. 4 (3) Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Filing required annually Yes. Assets and interests must be declared on June 15, and wealth statement by December 31 each year. (Art. 4 (2) Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework. (General)

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. A list of people who have not filed the declaration by the deadline are published by the depository body, (Art. 6g Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Non-filling is fined with 50 to 2,000 lei (Art. 29 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. False declarations before public authorities may be punished by imprisonment for up to 2 years or a fine. False declaration can lead to a loss of office, disciplinary sanctions, fines. (Article 326, Criminal Code (2009, amended 2016) Art. 25, 26, 27 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)

Monitoring and Oversight

Depository body explicitly identified Yes. Person appointed by the head of human resources or, where appropriate, the Head of the Secretariat of public authorities, public institutions or units (Art. 5 (2i) Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Enforcement body explicitly identified Yes. Integrity inspectors prepare assessment reports which evaluate whether there are any infringements and decide upon appropriate penaties (Art. 10 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Some agency assigned responsibility for verifying submission Yes. Integrity inspectors prepare assessment reports which evaluate whether there are any infringements and decide upon appropriate penaties (Art. 10, 11 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Some agency assigned responsibility for verifying accuracy Yes. Integrity inspectors prepare assessment reports which evaluate whether there are any infringements and decide upon appropriate penaties (Art. 10, 11 Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)

Public access to declarations

Public availability Yes. Financial declarations are to be made public. (Art. 6e Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Timing of information release specified Yes. Within 30 days of receipt (Art. 6e Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Location(s) of access specified Yes. on the website of the institution if there is any/ otherwise on the public noticing board (Art. 6e Law 176 on Integrity and Transparency obligations of Public officials, 2010, amended 2020)
Cost of access specified No. Absent from legal framework. (General)

Legislation

Law No. 176 of 1 September 2010_ROM (Romanian)pdf
Penal Code of 2009_ROM (Romanian)pdf
Law No. 251 of 16 June 2004_ROM (Romanian)pdf
Decision No. 77 on the Code of Conduct for Deputies and Senators of 2017_ROM (Romanian)pdf

*Last update: 2017


Conflict of Interest

Romanian law makes no regulations on conflicts of interests for the Head of State. According to the Transparency Law (2003, amended 2016), Ministers, Members of Parliament, and Civil Servants may not hold managerial positions, or advisory functions in public or private companies. They may also not be self-employed. In addition, Ministers and Civil Servants are prevented from participating in a decision-making process where they have a private interest. No such specification exists for MPs. Only Civil Servants are restricted from assisting family members to obtain employment in the public sector. In addition, they may not pursue employment with an organization which they cooperated with during tenure for three years after leaving public service.

Violating regulations on conflicts of interests is punishable with a prison sentence of one to 15 years. This sanction is applicable to all public officials. The National Integrity Agency functions as monitoring body for the Head of State and Ministers. The National Investigation agency is responsible for law enforcement with the Head of State. Additionally, the Control Authority and President serve as enforcement bodies for Ministers and Civil Servants. It is also responsible for providing guidance and verifications for Members of Parliament. However, no enforcement body is specified for MPs.


Quantitative Data

Primary Metric

20122015201620172020Trend
Restrictions7340404073
Sanctions333333033
Monitoring and Oversight2588886225

Alternative Metric

20122015201620172020Trend
Head of State274444027
Ministers4661615046
Members of Parliament4041413040
Civil servants6268685762

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest No. Absent from legal framework. (General)
Accepting gifts Yes. Officials are not allowed to keep gifts whose value exceeds 200 Euros. (Law on Gifts (2004))
Private firm ownership and/or stock holdings Yes. Officials are also prohibited from being the chairman or secretary of general assemblies of shareholders or associates of commercial companies. (Article 84, Constitution (1991) Article 84, Law on Transparency (2011))
Ownership of state-owned enterprises (SOEs) Yes. Officials are also prohibited from being the chairman or secretary of general assemblies of shareholders or associates of commercial companies. (Article 84, Constitution (1991) Article 84, Law on Transparency (2011))
Holding government contracts Yes. The President may not hold any other private or public function during his or her mandate. (Article 84, Constitution (1991))
Board member, advisor, or company officer of private firm Yes. The President may not hold any other private or public function during his or her mandate. (Article 84, Constitution (1991))
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position Yes. The President may not hold any other private or public function during his or her mandate. (Article 84, Constitution (1991))
Participating in official decision-making processes that affect private interests Yes. Officials are prohibited from using their position or participating in any decision that may produce benefits for themselves or their spouse. (Article 72, Law on Transparency (2011))
Assisting family or friends in obtaining employment in public sector Yes. Officials are prohibited from using their position or participating in any decision that may produce benefits for themselves or their spouse. (Article 72, Law on Transparency (2011))

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework. (General)
Enforcement body specified (sanctions, hearings) No. Absent from legal framework. (General)

Ministers

Restrictions

General restriction on conflict of interest No. Absent from legal framework. (General)
Accepting gifts Yes. Officials are not allowed to keep gifts whose value exceeds 200 Euros. (Law on Gifts (2004))
Private firm ownership and/or stock holdings Yes. Ministers are prohibited from being the chairman or secretary of general assemblies of shareholders or associates of commercial companies. (Article 84, Law on Transparency (2011))
Ownership of state-owned enterprises (SOEs) Yes. Ministers are prohibited from being the chairman or secretary of general assemblies of shareholders or associates of commercial companies. (Article 84, Law on Transparency (2011))
Holding government contracts No. Absent from legal framework. (General)
Board member, advisor, or company officer of private firm Yes. Ministers are prohibited from serving on the board of commercial companies. (Article 84, Law on Transparency (2011))
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position Yes. Ministers can not hold any other public position with the exception of being an MP. (Article 84, Law on Transparency (2011))
Participating in official decision-making processes that affect private interests Yes. Officials are prohibited from using their position or participating in any decision that may produce benefits for themselves or their spouse. (Article 72, Law on Transparency (2011))
Assisting family or friends in obtaining employment in public sector Yes. Officials are prohibited from using their position or participating in any decision that may produce benefits for themselves or their spouse. (Article 72, Law on Transparency (2011))

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. The law provides a vague sanction saying that any violations of conflict of interest restrictions could expose the officials to administrative sanctions and/or criminal offences. (Article 73, Law on Transparency (2011))
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. The law provides a vague sanction saying that any violations of conflict of interest restrictions could expose the officials to criminal offences. (Article 73, Law on Transparency (2011))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework. (General)
Enforcement body specified (sanctions, hearings) No. Absent from legal framework. (General)

Members of Parliament

Restrictions

General restriction on conflict of interest No. Absent from legal framework. (General)
Accepting gifts Yes. Officials are not allowed to keep gifts whose value exceeds 200 Euros. (Law on Gifts (2004))
Private firm ownership and/or stock holdings Yes. MPs are prohibited from being the chairman or secretary of general assemblies of shareholders or associates of commercial companies. (Article 82, Law on Transparency (2011))
Ownership of state-owned enterprises (SOEs) Yes. MPs are prohibited from being the chairman or secretary of general assemblies of shareholders or associates of commercial companies. (Article 82, Law on Transparency (2011))
Holding government contracts No. Absent from legal framework. (General)
Board member, advisor, or company officer of private firm Yes. MPs are prohibited from serving on the board of commercial companies. (Article 82, Law on Transparency (2011))
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position Yes. MPs cannot hold any other public position, with the exception of being a member of the Government (e.g. Minister), as provided by the Constitution. (Article 81, Law on Transparency (2011))
Participating in official decision-making processes that affect private interests Yes. Officials are prohibited from using their position or participating in any decision that may produce benefits for themselves or their spouse. (Article 72, Law on Transparency (2011))
Assisting family or friends in obtaining employment in public sector Yes. Officials are prohibited from using their position or participating in any decision that may produce benefits for themselves or their spouse. (Article 72, Law on Transparency (2011))

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework. (General)
Enforcement body specified (sanctions, hearings) Yes. The Permanent Bureau of the MPs Chamber of Parliament is to be notified of any conflicts of interests and is to be notified if the MP is unable to rectify an ongoing conflict of interest, in which case the MP is required to resign his/her mandate. (Article 83, Law on Transparency (2011))

Civil servants

Restrictions

General restriction on conflict of interest No. Absent from legal framework. (General)
Accepting gifts Yes. Civil servants are prohibited from accepting gifts. (Article 94, Law on Transparency (2011))
Private firm ownership and/or stock holdings Yes. Civil servants are prohibited from being the chairman or secretary of general assemblies of shareholders or associates of commercial companies. (Article 94, Law on Transparency (2011))
Ownership of state-owned enterprises (SOEs) Yes. Civil servants are prohibited from being the chairman or secretary of general assemblies of shareholders or associates of commercial companies. (Article 94, Law on Transparency (2011))
Holding government contracts No. Absent from legal framework. (General)
Board member, advisor, or company officer of private firm Yes. Civil servants are prohibited from serving on the board of commercial companies. (Article 94, Law on Transparency (2011))
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position Yes. Civil servants cannot hold any other public position. (Article 94, Law on Transparency (2011))
Participating in official decision-making processes that affect private interests Yes. Civil servants are prohibited from making officials decisions that could have an impact on the financial interests of their spouse. Also, civil servants are prohibited from having direct hierarchical relationships between themselves and their spouses. (Articles 79 & 95, Law on Transparency (2011))
Assisting family or friends in obtaining employment in public sector Yes. Civil servants are prohibited from making officials decisions that could have an impact on the financial interests of their spouse. Also, civil servants are prohibited from having direct hierarchical relationships between themselves and their spouses. (Articles 79 & 95, Law on Transparency (2011))

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. The law provides a vague sanction saying that any violations of conflict of interest restrictions could expose civil servants to administrative sanctions and/or criminal offences. (Article 79, Law on Transparency (2011))
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. The law provides a vague sanction saying that any violations of conflict of interest restrictions could expose civil servants to administrative sanctions and/or criminal offences. (Article 79, Law on Transparency (2011))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework. (General)
Enforcement body specified (sanctions, hearings) Yes. A civil servant's supervisor is responsible for ensuring the civil servant's impartial performance of his/her duties. (Article 79, Law on Transparency (2011))

Legislation

Constitution of the Republic of Romania of 1991 (Romanian)pdf
Law No. 176 of 1 September 2010 (Romanian)pdf
Law No. 96 on the Statute of Deputies and Senators of 2006 (Romanian)pdf
Rules of Procedure of the Chamber of Deputies (Romanian)pdf
Rules of Procedure of the Senate (Romanian)pdf
Decision No. 77 on the Code of Conduct for Deputies and Senators of 2017 (Romanian)pdf
Law No. 161 of 19 April 2003 (Romanian)pdf
Law No. 188 of 8 December 1999 on the Civil Service Regulations (Romanian)pdf

*Last update: 2017


Freedom of Information

Romania's Constitution (1991) provides that the freedom of information is a fundamental right. Law No. 544 regarding the free access to information of public interest (2001, amended 2016) lays out implementing measures to ensure this right. The FOI law applies to any public authority or organization or any autonomous organization using public financial resources and developing its activity in Romania.

Specific exemptions to disclosure are outlined in the aforementioned FOI law, Law No. 182 on the protection of classified information (2002), Law No. 52 on Transparency in the Decision-Making Process (2003, amended 2013), and Law No. 677 for the Protection of Persons concerning the Processing of Personal Data and Free Circulation of Such Data (2001). No public interest test exists whereby exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals may be filed with public authorities and with the courts. There is no appeals process through an independent non-judicial mechanism, such as an information commissioner.

The refusal of an employee to enforce freedom of information provisions is considered a violation and may entail disciplinary measures, imposed by the hiring authority. The Ministry of Public Information is the implementation oversight body named in the law; however it was disbanded in 2010 and there does not appear to be another ministry covering this role.


Quantitative Data

Primary Metric

20122015201620172020Trend
Scope and Coverage100100100100100
Information access and release8888888888
Exceptions and Overrides6767676767
Sanctions for non-compliance3333333333
Monitoring and Oversight3333333333

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access Yes. A person's right of access to any information of public interest shall not be restricted. The public authorities, according to their competence, shall be bound to provide correct information to the citizens in public affairs and matters of personal interest. The right to information shall not be prejudicial to the measures of protection of young people or national security. (Article 31, Constitution of Romania, 1991, amended 2003)
"Information" or "Documents" is defined Yes. b) by information of public interest shall be understood any piece of information that regards the activities or results from the activities of the public authority or institution, no matter the prop or form or the way of expressing the information; (Article 2 Law No. 544 regarding the free access to information of public interest, 2001, amended 2016)
Proactive disclosure is specified Yes. Public bodies are required to publish a range of organisational information as well as holding regular, ususually monthly, meetings to inform the public of information of public interest. (Article 5 and Article 17 Law No. 544 regarding the free access to information of public interest, 2001, amended 2016)

Coverage of public and private sectors

Executive branch Yes. For the purposes of this law: a) by public authority or institution is meant any public authority or institution which uses or manages public financial resources, any autonomous administration, company governed by the Company Law no. 31/1990, republished, as subsequently amended and supplemented, under the authority or, as the case may be, in the coordination or subordination of a central or local public authority and to which the Romanian state or, as the case may be, an administrative territorial unit is a sole or majority shareholder, as well as any regional operator or operator as defined in the Community Public Utilities Act no. 51/2006, republished, as subsequently amended and supplemented. The political parties, sports federations and non-governmental public utility organizations that benefit from public money are also subject to the provisions of this law; (Article 2(a) Law No. 544 regarding the free access to information of public interest, 2001, amended 2016)
Legislative branch Yes. For the purposes of this law: a) by public authority or institution is meant any public authority or institution which uses or manages public financial resources, any autonomous administration, company governed by the Company Law no. 31/1990, republished, as subsequently amended and supplemented, under the authority or, as the case may be, in the coordination or subordination of a central or local public authority and to which the Romanian state or, as the case may be, an administrative territorial unit is a sole or majority shareholder, as well as any regional operator or operator as defined in the Community Public Utilities Act no. 51/2006, republished, as subsequently amended and supplemented. The political parties, sports federations and non-governmental public utility organizations that benefit from public money are also subject to the provisions of this law; (Article 2(a) Law No. 544 regarding the free access to information of public interest, 2001, amended 2016)
Judicial branch Yes. For the purposes of this law: a) by public authority or institution is meant any public authority or institution which uses or manages public financial resources, any autonomous administration, company governed by the Company Law no. 31/1990, republished, as subsequently amended and supplemented, under the authority or, as the case may be, in the coordination or subordination of a central or local public authority and to which the Romanian state or, as the case may be, an administrative territorial unit is a sole or majority shareholder, as well as any regional operator or operator as defined in the Community Public Utilities Act no. 51/2006, republished, as subsequently amended and supplemented. The political parties, sports federations and non-governmental public utility organizations that benefit from public money are also subject to the provisions of this law; (Article 2(a) Law No. 544 regarding the free access to information of public interest, 2001, amended 2016)
Other public bodies Yes. For the purposes of this law: a) by public authority or institution is meant any public authority or institution which uses or manages public financial resources, any autonomous administration, company governed by the Company Law no. 31/1990, republished, as subsequently amended and supplemented, under the authority or, as the case may be, in the coordination or subordination of a central or local public authority and to which the Romanian state or, as the case may be, an administrative territorial unit is a sole or majority shareholder, as well as any regional operator or operator as defined in the Community Public Utilities Act no. 51/2006, republished, as subsequently amended and supplemented. The political parties, sports federations and non-governmental public utility organizations that benefit from public money are also subject to the provisions of this law; (Article 2(a) Law No. 544 regarding the free access to information of public interest, 2001, amended 2016)
Private sector Yes. For the purposes of this law: a) by public authority or institution is meant any public authority or institution which uses or manages public financial resources, any autonomous administration, company governed by the Company Law no. 31/1990, republished, as subsequently amended and supplemented, under the authority or, as the case may be, in the coordination or subordination of a central or local public authority and to which the Romanian state or, as the case may be, an administrative territorial unit is a sole or majority shareholder, as well as any regional operator or operator as defined in the Community Public Utilities Act no. 51/2006, republished, as subsequently amended and supplemented. The political parties, sports federations and non-governmental public utility organizations that benefit from public money are also subject to the provisions of this law; (Article 2(a) Law No. 544 regarding the free access to information of public interest, 2001, amended 2016)

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments Yes. In line with the FOIA, the Standing Committee of the Chamber of Deputies and the Standing Committee of the Senate are each obliged to publish draft legislation on their respective websites. Public bodies must also publish announcements about draft legislative processes they are involved in online, at their headquarters, and via the media. They must also send copies of the draft laws to anyone requesting a copy. The FOIA requires public bodies to publish laws that regulate the organisation and functioning of the public authority. (Article 6(1), (2) & (3) Law No. 52 on Transparency in the Decision-Making Process, 2003, amended 2013 Article 36(1)(f) Regulation of the joint activities of the Chamber of Deputies and the Senate 1995, amended 2020 Article 1 and Annex I Point 2.1 Decision of the Standing Bureau of the Chamber of Deputies for the approval of some measures for the enforcement of the provisions of Law No 544/2001, 2003)
Enacted legal instruments Yes. Promulgated laws must be published in the Official Gazette of Romania and come into force 3 days after its publication date, or on a subsequent date stipulated in its text. The Standing Committee of the Chamber of Deputies requires the publication of promulgated laws on its website. (Article 1 and Annex I Point 1.1 Decision of the Standing Bureau of the Chamber of Deputies for the approval of some measures for the enforcement of the provisions of Law No 544/2001, 2003)
Annual budgets Yes. The budget must be published and updated annually. (Article 2(b) and Article 5(1)(e)Law No. 544 regarding the free access to information of public interest, 2001, amended 2016)
Annual chart of accounts (actual expenditures) Yes. The accounting balance sheet must be published and updated annually. (Article 2(b) and Article 5(1)(e)Law No. 544 regarding the free access to information of public interest, 2001, amended 2016)
Annual reports of public entities and programs Yes. Administrations publish their programmes and strategies and update them annually. (Article 2(b) and Article 5(1)(f)Law No. 544 regarding the free access to information of public interest, 2001, amended 2016)

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) Yes. Any person can ask for and obtain information, including legal persons. (Article 31 Constitution of Romania, 1991, amended 2003 Article 1 and Article 6 Law No. 544 regarding the free access to information of public interest, 2001, amended 2016)
Type of request is specified (written, electronic, oral) Yes. Information can be requested in writing, including electronically, or orally. The law specifies the content of a written request but not an oral request. (Article 6(2) Law No. 544 regarding the free access to information of public interest, 2001, amended 2016 Article 13 and Article 14 Methodological Rules of Putting into Force Law No. 544 on Free Access to Information of Public interest, 2002, amended 2016)
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) No. Absent from legal framework ( )
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. Access to information is free. If the request of information implies the making of copies of the documents held by the public authority or institution, the cost of the copying services are incumbent on the applicant. (Article 18 Methodological Rules of Putting into Force Law No. 544 on Free Access to Information of Public interest, 2002, amended 2016 Article 9 Law No. 544 regarding the free access to information of public interest, 2001, amended 2016)

Deadlines for release of information

20-day response deadline Yes. The initial response deadline is 10 days. (Article 7 Law No. 544 regarding the free access to information of public interest, 2001, amended 2016 Article 16 Methodological Rules for the Application of Law No. 544 on Freedom of Information, 2002, amended 2016)
Agency granted right to extend response time Yes. If the information requested is complex or large in volume, or of less urgency, the agency may extend the response time to a total of 30 days while informing the applicant of this extension after 10 days. (Article 7 Law No. 544 regarding the free access to information of public interest, 2001, amended 2016 Article 16 Methodological Rules for the Application of Law No. 544 on Freedom of Information, 2002, amended 2016)
Maximum total response time of no more than 40 days Yes. The maximum response deadline is 30 days. (Article 7 Law No. 544 regarding the free access to information of public interest, 2001, amended 2016 Article 16 Methodological Rules for the Application of Law No. 544 on Freedom of Information, 2002, amended 2016)

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law Yes. The law includes principles and definitions surrounding classified information, regulations on state secret information, office secret information, the role of the Intelligence Service, and responsibilities and sanctions. (Law No. 182 on the protection of classified information, 2002, amended 2015)
Existence of personal privacy/data law Yes. The law specifies definitions, scope and exceptions from data protection measures. The Constitution also protects the right to a private life. (Law No. 190/2018 Implementing the General Data Protection Regulation, amended 2019)
Specific exemptions to disclosure Yes. Exempted information includes that covering national defence, public safety and order, classified information, deliberations of the authorities, economic and political interests, commercial or financial activities, protection of loyal competition, personal data, criminal investigation or judicial procedures, intelligence activities protection of confidential sources, youth protection, state secrets, and professional secrets, geospatial products, aerial registration and airborne sensors. (Article 12 Law No. 544 regarding the free access to information of public interest, 2001, amended 2016 Article 15 and Article 16 Law No. 182 on the protection of classified information, 2002, amended in 2015 Article 5 Law No. 52 on Transparency in the Decision-Making Process, 2003, amended 2013 Article 10 and Article 12 Law 51 on National Security, 1991, amended 2019)
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities Yes. Upon the explicit or implicit refusal by a public authority, the applicant can lodge a complaint with the head of the respective public authority. (Article 21(2) and Article 22 Law No. 544 regarding the free access to information of public interest, 2001, amended 2016 Article 32 Methodological Rules of Putting into Force Law No. 544 on Free Access to Information of Public interest, 2001, amended 2016)
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. No. Absent from legal framework (General)
Judicial appeals mechanism Yes. If a person considers his/her rights under the freedom of information law have been damaged, he/she may lodge a complaint with the section for contentious matters within the administrative court in the local region. (Article 22 Law No. 544 regarding the free access to information of public interest, 2001, amended 2016)

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements Yes. The explicit or implicit refusal of the appointed employee of a public authority or institution to enforce freedom of information provisions is considered as a violation and shall entail disciplinary responsibility of the person found guilty. (Article 21 Law No. 544 regarding the free access to information of public interest, 2001, amended 2016 Article 31 and Article 34 Methodological Rules of Putting into Force Law No. 544 on Free Access to Information of Public interest, 2002, amended 2016 Article 70(3) Law 188/1999 on the Status of Civil Servants, amended 2019 Labour Code)
Fines are specified for violations of disclosure requirements No. Absent from legal framework (General)
Criminal sanctions are specified for violations of disclosure requirements No. Absent from legal framework (General)

Monitoring and Oversight

Information officers must be appointed in public agencies Yes. Public authorities and institutions must organise specialised departments of information and public relations or designate a person with tasks in this field. (Article 4 Law No. 544 regarding the free access to information of public interest, 2001, amended 2016 Article 3 (1) Methodological Rules of Putting into Force Law No. 544 on Free Access to Information of Public interest, 2002, amended 2016)
Public body that is responsible for applying sanctions No. Sanctions are internal disciplinary ones against the individual if he is found guilty of not providing information. (General)
Public body that is responsible for public outreach (raising public awareness) No. Absent from legal framework ( )
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. No. The Ministry of Public Information is the oversight body named in the law; however it was disbanded in 2010 and there does not appear to be another ministry covering this role. (General)
Ombudsman involvement in implementation is specified by law No. Absent from legal framework (General)
Reporting of data and/or implementation is required Yes. The public authorities release to the public, ex officio, at least annually, a periodical activity report, which will be published in the Romanian Official Journal, Part II (Article 5 Law No. 544 regarding the free access to information of public interest, 2001, amended 2016)

Legislation

Constitution of the Republic of Romania of 1991_ROM (Romanian)pdf
Civil Service Regulations of 1999_ROM (Romanian)pdf
Law No. 544 on Free Access to Information of Public Interest of 2001_ROM (Romanian)pdf
Law No. 52 on Transparency in the Decision-Making Process of 2003_ROM (Romanian)pdf
Regulation on joint activities of the Chamber of Deputies and the Senate of 1992_ROM (Romanian)pdf
Decision of the Standing Bureau of the Chamber of Deputies No. 4 of 2003_ROM (Romanian)pdf
Methodological Rules of 2002 Implementing Law No. 544_ROM (Romanian)pdf
Law No. 182 on the Protection of Classified Information of 2002_ROM (Romanian)pdf
Law No. 190 of 2018 Implementing the General Data Protection Regulation_ROM (Romanian)pdf
Law No. 51 on National Security of 1991_ROM (Romanian)pdf

*Last update: 2017


Public Procurement

The Romanian public procurement system is regulated by the Government Emergency Ordinance no. 34 of 2006 , no. 72/2009, Law 98/2016, and other, sector specific and additional legislation. The public procurement body is the National Authority for Regulating and Monitoring Public Procurement which is an organization under the Ministry for Public Finance.

The lowest minimum thresholds for conducting a public procurement tender are:

▪         RON 600,129 (EUR 130,000) for goods

▪         RON 23,227,215 (EUR 500,000) for works

▪         RON 600,129 (EUR 130,000) for services

The minimum number of bidders is 5 for restricted procedures and 3 for negotiated procedures and competitive dialogue. The minimum submission period is 35 days for open procedures, 37 days for restricted procedures and 37 for negotiated procedures from dispatch date.  The final beneficial owners do not have to be disclosed when placing a bid.

There is no case for preferential treatment, but sustainability can be considered during the tendering process. However, there are several options for bid exclusion: bankruptcy, outstanding tax or social security liabilities, conviction for lack of professional ethics, false information in the bid, sentence for participating in criminal organisation, money laundering. Bids can be also excluded because of abnormally low bid prices.

In the bid evaluation phase, there are conflict of interest restrictions on the composition of the evaluation committee. However, no form of independence of  the contracting authority is mandated for the evaluation committee.

There is no payable fee in case of an arbitration procedure, but court decisions are not publicly released.


Quantitative Data

Primary Metric

20122015201620172020Trend
Scope454385
Information availability96968396
Evaluation81816975
Open competition83836464
Institutional arrangements43433693

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) RON 135060. The contracting authority has the right to purchase directly products, services or works, if the value is below RON 132,519 (~EUR 27,720) for the procurement of goods or services and RON 441,730 (~EUR 92,400) for the procurement of works. The threshold is expressed in RON in Romanian procurement legislation (1 EUR ~ 4,87 RON). (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Art. 7 (5) )
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) RON 450200. The contracting authority has the right to purchase directly products, services or works, if the value is below RON 132,519 (~EUR 27,720) for the procurement of goods or services and RON 441,730 (~EUR 92,400) for the procurement of works. The threshold is expressed in RON in Romanian procurement legislation (1 EUR ~ 4,87 RON). (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Art. 7 (5) )
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) RON 135060. The contracting authority has the right to purchase directly products, services or works, if the value is below RON 132,519 (~EUR 27,720) for the procurement of goods or services and RON 441,730 (~EUR 92,400) for the procurement of works. The threshold is expressed in RON in Romanian procurement legislation (1 EUR ~ 4,87 RON). (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Art. 7 (5) )

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) RON 135060. If the estimated value of the contract is equal or above EU thresholds - in 2020, RON 649,895 for goods and services and RON 25,013,925 for works -, the contracting authority has the obligation to award the public contract by applying the open procedure or the restricted procedure. If, however, the estimated value of the contract is below EU thresholds but above the absolute minimum which allows for direct award (RON 135,060 for goods and services and RON 450,200 for works), the contracting authority is entitled to apply a simplified procedure. (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Art. 7 (1) (2) )
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) RON 135060. If the estimated value of the contract is equal or above EU thresholds - in 2020, RON 2,001,114 for goods and services and RON 25,013,925 for works-, the contracting authority has the obligation to award the public contract by applying the open procedure or the restricted procedure. If, however, the estimated value of the contract is below EU thresholds but above the absolute minimum which allows for direct award (RON 135,060 for goods and services and RON 450,200 for works), the contracting authority is entitled to apply a simplified procedure. (Law No. 99 of 2016 on Sectoral Procurement, as amended in 2020, Art. 12 (1) (4))
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) RON 135060. Where Emergency Ordinance No. 114 of 2011 does not apply, provisions of Law No. 98 of 2016 are applicable to contracts in the defence sector. Therefore, the minimum thresholds in the defence sector are those of general procurement. (Law No. 99 of 2016 on Sectoral Procurement, as amended in 2020, Art. 37 Emergency Ordinance No. 114 of 2011)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) RON 135060. The contracting authority has the right to purchase directly products, services or works, if the value is below RON 132,519 (~EUR 27,720) for the procurement of goods or services and RON 441,730 (~EUR 92,400) for the procurement of works. The threshold is expressed in RON in Romanian procurement legislation (1 EUR ~ 4,87 RON). (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Art. 7 (5) )
What are the minimum application thresholds for the procurement type? (Product type WORKS) RON 450200. The contracting authority has the right to purchase directly products, services or works, if the value is below RON 132,519 (~EUR 27,720) for the procurement of goods or services and RON 441,730 (~EUR 92,400) for the procurement of works. The threshold is expressed in RON in Romanian procurement legislation (1 EUR ~ 4,87 RON). (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Art. 7 (5) )
What are the minimum application thresholds for the procurement type? (Product type SERVICES) RON 135060. The contracting authority has the right to purchase directly products, services or works, if the value is below RON 132,519 (~EUR 27,720) for the procurement of goods or services and RON 441,730 (~EUR 92,400) for the procurement of works. The threshold is expressed in RON in Romanian procurement legislation (1 EUR ~ 4,87 RON). (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Art. 7 (5) )

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. The contracting authority shall ensure by electronic means, through SEAP ("Sistemul Electronic de Achizitii Publice"), the direct, complete, unrestricted and free access of economic operators to the procurement documents from the date of publication of the contract notice. The contracting authority shall specify in the contract notice the internet address at which the procurement documents are available. (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Arts. 113-1, 142 and 150)
Are any of these documents published online at a central place? Yes. http://www.e-licitatie.ro/pub (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Arts. 3 (1) (nn), 113 (2), 113-1 and 150)
Is it mandatory to keep all of these records? -Public notices of bidding opportunities, -Bidding documents and addenda, -Bid opening records, -Bid evaluation reports, -Formal appeals by bidders and outcomes, -Final signed contract documents and addenda and amendments, -Claims and dispute resolutions, -Final payments, -Disbursement data (as required by the country’s financial management system) Yes. The contracting authority has the obligation to prepare a public procurement file for each public procurement contract/framework agreement concluded, respectively for each dynamic procurement system launched. The public procurement file shall be kept by the contracting authority as long as the public procurement contract/framework agreement produces legal effects, but not less than 5 years from the date of termination of the respective contract. In the event of cancellation of the award procedure, the file shall be kept for at least 5 years from the date of cancellation of that procedure. After the completion of the award procedure, the public procurement file has the character of a public document. The public procurement file/dossier must include the documents drawn up/received by the contracting authority in the award procedure, such as, but not limited to, the following: a) contracting strategy; b) the notice of intent and the proof of its transmission for publication, if applicable; c) the participation notice and the proof of its transmission for publication; d) errata, if applicable; e) award documentation; f) the competition documentation, if applicable; g) the decision/disposition/order appointing the evaluation commission and, as the case may be, the co-opted experts; h) declarations of confidentiality and impartiality; i) the minutes of the opening meeting of the tenders, if applicable; j) the tender forms submitted within the award procedure; k) DUAE and qualification documents, when requested; l) requests for clarifications, as well as clarifications sent/received by the contracting authority; m) the interim report on the selection of candidates, if applicable; n) the minutes of evaluation, negotiation, dialogue, as the case may be; o) the report of the award procedure, as well as the annexes to it; p) proof of communications regarding the outcome of the procedure; q) the public procurement contract/framework agreement, signed, and, as the case may be, the additional documents; r) where applicable, contracts awarded under a framework agreement; s) the award notice and the proof of its transmission for publication; ș) if applicable, the appeals formulated within the award procedure, accompanied by the motivated decisions pronounced by the National Council for Solving the Appeals; t) decisions of the courts regarding the award procedure; ț) the ascertaining document containing information regarding the fulfillment of the contractual obligations by the contractor; u) if applicable, the decision to cancel the award procedure. (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Art. 217 Methodological Norms of 2 June 2 2016 for the application of Law No. 98 of 2016, as amended in 2020, Arts. 2 (3) (g), 128 (7) and 148)
Are contracts awarded within a framework agreement published (ie mini contracts)? Yes. In the case of public procurement contracts concluded in execution of framework agreements, the contracting authority shall group the award notices on a quarterly basis and shall submit for publication the award notices thus grouped within 30 days of the end of each quarter. (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Arts. 142 and 145 (2) Methodological Norms of 2 June 2 2016 for the application of Law No. 98 of 2016, as amended in 2020, Art. 148 (q))

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? Yes. If the contracting authority requires so, the tenderer has to specify the party/parties of the contract which it shall subcontract and the proposed subcontractors' identification data. Among the documents that make up the public procurement file (which becomes public after the conclusion of the contract) are: the tender forms submitted within the award procedure, the contract signed (and, as the case may be, the additional documents) and the Single European Procurement Document (for contracts above EU thresholds). (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Arts. 55 and 193 (3) Methodological Norms of 2 June 2 2016 for the application of Law No. 98 of 2016, as amended in 2020, Art. 148 (k) (j) (q))
If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. General. Regardless of the subcontractors' share of participation, the tenderer has to specify the party/parties of the contract which shall be subcontracted.

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender? Yes. As a rule it is prohibited to mention the definition in the specifications of certain technical specifications that indicate a specific origin, source, production, a special procedure, a brand or trade name, a patent, a production license, which has as effect the favouring or eliminating certain economic operators or certain products. As an exception, the specifications can indicate a specific brand name where a sufficiently precise and intelligible description of the subject-matter of the contract for all interested parties is not possible. In this particular case, the brand name shall be accompanied by the word "or equivalent". (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Art. 156 (2) (3))
Is there a preferential treatment for small-to-medium enterprises (SMEs)? Yes. The contracting authority will determine the object of each lot, on a quantitative basis, adapting the size of individual contracts to better match the capacity of SMEs, or on a qualitative basis, according to the different trades and specializations involved, to bring the content of individual contracts closer to the specialized sectors of SMEs or in accordance with the various subsequent phases of the project. Moreover, as a measure to increase SMEs's access to public procurement procedures, the contracting authorities have to provide an indication for their decision not to subdivide the contract into lots. (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Arts. 3 (dd) and 141 (2))
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. The public procurement principles include equal treatment and no discrimination of the economic operators. (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Art. 2 (a) (b))
Is there a specific set of rules for green/sustainable procurement? Yes. The contracting authority shall specify in the award documents binding rules in the fields of environment, social and labor relations, established by legislation adopted at European Union level, national law, by collective agreements or by international treaties, conventions and agreements in these fields, to be complied with during the performance of the public procurement contract or to indicate the competent institutions from which economic operators can obtain detailed information on those regulations. In exceptional cases, the contracting authority has the right not to exclude from the award procedure an economic operator who is in one of the situations provided in art. 164 para. (1) and (2) , for imperative reasons of general interest, such as public health or environmental protection. Morover, environmental standards can be used as an aspect to evaluate tenders. Performances and functional requirements may also include environmental characteristics. (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Arts. 51, 55, 166 (1), 187, 191 and 200)

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. The contracting authority has the obligation to exclude any tenderer/candidate who: 1. over the past five years, was sentenced by a final decision of a court, for: a) having participating in the activities of a criminal organization; b) corruption; c) fraud; d) terrorist offences; e) money laundering; f) child labour and other forms of trafficking in human beings; 2. has not paid social contributions and taxes; 3. violated the obligations established according to art. 51; 4. is in insolvency proceedings or in liquidation, in judicial supervision or in cessation of activity; 4. has committed a serious professional misconduct which calls into question his or her integrity; 5. has concluded with other economic operators agreements aimed at distorting competition within or in connection with the procedure in question; 6. is in a situation of conflict of interest within or in connection with the procedure in question, and this situation cannot be effectively remedied by other less severe measures; 7. has distorted competition, and this situation cannot be remedied by other less severe measures; 8. has seriously or repeatedly breached its main obligations under a public procurement contract; 9. has been found guilty of misrepresentation in supplying the information required by the contracting authority; 10. has tried to unlawfully influence the decision-making process of the contracting authority, to obtain confidential information which could confer unjustified advantages. (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Arts. 164, 165 and 167)
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. No. Contracting authority may reject a bid due to its abnormally low price. This means that before rejecting the bid, the contracting authority must request the tenderer, in writing and before making a decision of rejecting such tender, details and explanations which it considers significant regarding the tender, as well as to verify the answers that justify such price. (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Arts. 210, 215 (2) (a) (b), 216 (2) (c) (3) (b))
Is scoring criteria published? Yes. The contracting authority shall specify in the procurement documents the relative weight it gives to each evaluation factor to be applied to determine the most economically advantageous tender, unless the most economically advantageous tender is determined by applying the lowest price criterion. The relative weights may be granted by reference to value ranges. Where it is not possible to establish a weighting for objective reasons, the contracting authority shall indicate the factors of assessment in descending order of importance. (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Art. 190)
Are decisions always made by a committee? Yes. The contracting authority has the obligation to designate, for the award of public procurement contracts/framework agreements, persons responsible for the evaluation of tenders and, as the case may be, of requests to participate, which is constituted in an evaluation commission. Members of the departments of the contracting authority and, where applicable, of the entity financing the public procurement contract may be members of the evaluation committee, if the contracting authority submits a reasoned request to that effect. If the final beneficiary of the contract/framework agreement is another contracting authority, members of both the contracting authority organizing the award procedure and the beneficiary contracting authority may be members of the evaluation committee. If the evaluation of requests to participate/tenders requires in-depth expertise in the field of public procurement or of a technical, financial, legal and/or specific contractual nature, the contracting authority may appoint, in addition to the evaluation committee, external experts. (Methodological Norms of 2 June 2 2016 for the application of Law No. 98 of 2016, as amended in 2020, Art. 126)
Are there regulations on evaluation committee composition to prevent conflict of interest? Υes. The individuals or legal entities directly involved in the process of verification/evaluation of applications/tenders are not allowed: (i) to hold social parts or shares of the subscribed capital on one of the tenderers/candidates, supporting third parties or subcontractors or of the persons that are part of the board of directors/management or supervisory body of one the tenderers/candidates, third supporting parties or subcontractors; (ii) to be husbands/wives or close family relatives up to the second degree included with persons who are part of the board of directors/management or supervisory body one of the tenderers/candidates, supporting this parties or subcontractors; (iii) ascertained persons or with regard to whom there is reasonable evidence/concrete information that they might a have a personal, financial, economical of any other kind of interest or they may be in another situation which is likely to affect their impartiality and autonomy in the process of verification/evaluation of the requests for participation/tenders. Additionally, tenderers are not allowed: (iv) to have as members in the board of directors/management or supervisory body and/or significant shareholders or associates who are spouses, relatives or related to the second degree inclusive or who are in commercial relations with decision-makers within the contracting authority or the procurement service provider involved in the award procedure; (v) nominate among the main persons designated for the execution of the contract persons who are spouses, relatives or relatives up to the second degree inclusive or who are in commercial relations with persons with decision-making functions within the contracting authority or the procurement service provider involved in the award procedure; (vi) not to comply with the provisions of art. 53 para. (2) and (3), if organized as a joint stock company with share capital represented by bearer shares. Persons who, while acting for the contracting authority, are involved in conflict of interest do not have the right to be involved in the process of verification/evaluation of applications/tenders. The contracting authority must specify, in the award documentation, the names of the persons that are to be involved in the decision process related to the procedure, in order to provide all information needed for a conflict check. (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Arts. 58-63)
Is some part of evaluation committee mandatorily independent of contracting authority? No. It is the contracting authorities that take the evaluation decisions. Nevertheless, the contracting authority has the right to ask for an independent opinion for technical, financial or legal aspects. Such experts do no have the right to vote when deciding the winning offer. (Methodological Norms of 2 June 2 2016 for the application of Law No. 98 of 2016, as amended in 2020, Arts. 126 and 128)
Are scoring results publicly available? Yes. The contracting authority shall be required to draw up the report of the award procedure for each awarded public contract or framework agreement concluded, as well as for each dynamic procurement system launched. The interim report and the report of the procedure shall be published in the SEAP, signed with a qualified electronic signature, on the same day as the transmission of the communication provided in art. 215 para. (1) , without reference to the information that the economic operator specifies and proves to be confidential or protected by an intellectual property right. The report of the awarding procedure must contain at least the following documents/information: a) the name and address of the contracting authority, the object and value of the public procurement contract/framework agreement or the dynamic purchasing system; b) if applicable, the results of the process of qualification and/or selection of candidates/tenderers and/or reduction of their number during the award procedure; c) the reasons for rejecting an offer that has an unusually low price; d) the name of the successful tenderer and the reasons why his tender was declared the winner; e) insofar as they are known, the part/parts of the public procurement contract/framework agreement that the successful tenderer intends to subcontract to third parties and the name of the subcontractors; f) justification of the reasons for choosing the award procedure, in case of applying the procedures of competitive negotiation, competitive dialogue or negotiation without prior publication of a notice of participation; g) justification of the reasons for which the contracting authority decided to cancel the award procedure; h) where applicable, the reasons for which other means of communication than electronic ones have been used for the submission of tenders; i) where applicable, the conflicts of interest identified and the measures taken in this regard. (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Arts. 145, 215, 216 and 217)
Does the law specify under which conditions the tender can be cancelled? Yes. The tender can be cancelled under the following conditions:1. if no offer/request for participation has been submitted or if no admissible offer has been submitted; 2. if admissible offers have been submitted which cannot be compared due to the non-uniform way of approaching the technical and/or financial solutions; 3. if violations of the legal provisions affect the award procedure or if it is impossible to conclude the contract; 4. The National Appeals Council or the court orders the modification/elimination of some technical specifications/requirements from the specifications or from other documents issued in connection with the award procedure so that the purpose of the acquisition can no longer be properly achieved, and the contracting authority is unable to adopt remedial measures, without affecting the principles of public procurement regulated in art. 2 para. (2); 5. if the contract/framework agreement cannot be concluded with the tenderer whose tender has been established as the winner due to the fact that the tenderer in question is in a situation of force majeure or in the fortuitous impossibility to execute the contract/framework agreement, and there is no next-ranked bid admissible. Moreover, the contracting authority has the right to cancel the procedure for awarding the in the situations provided in art. 78 para. (8) , art. 82 para. (8) , art. 88 para. (8) and art. 97 para. (8) of Law No. 98 of 2016. The contracting authority has the obligation to make public the decision to cancel the award procedure, accompanied by the justification of the cancellation, through the electronic platform provided in art. 150 para. (1), within 3 days from the adoption of the annulment decision. (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Arts. 212 and 213)

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. Public Procurement Portal (SEAP), Official Journal of the European Union, Official Gazette (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Arts. 72, 144 and 147 Methodological Norms of 2 June 2 2016 for the application of Law No. 98 of 2016, as amended in 2020, Art. 54)
Does the law specify the location for publicizing restricted calls for tenders? Yes. Public Procurement Portal (SEAP), Official Journal of the European Union, Official Gazette (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Arts. 72, 144 and 147 Methodological Norms of 2 June 2 2016 for the application of Law No. 98 of 2016, as amended in 2020, Art. 54)
Does the law specify the location for publicizing negotiated calls for tenders? No. This procedure has been eliminated from Romanian legislation. Currently, Article 104 of Law No. 98 of 2016 on Public Procurement regulates only the negotiated procedure without prior negotiation. (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Art. 104)

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? General. (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Art. 78 (4))
What is the minimum number of bidders for negotiated procedures? General. (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Art. 82 (4))
What is the minimum number of bidders for competitive dialogue procedures? General. (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Art. 88 (4))

Bidding period length

What are the minimum number of days for open procedures? General. 35 days for procurement above EU thresholds. The exception is: 15 days on SEAP for emergency situations. Additionally, in the simplified procedure the minimum period between the date of submission of the notice of participation and the closing date for the submission of tenders shall be at least: a) 10 days, if the award of a public procurement contract for services or products is envisaged; b) 6 days, in case the award of a public procurement contract for products of low complexity is envisaged; c) 15 days, if the award of a public works contract is envisaged. (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Arts. 74 (1) (3) and 113 (5))
What are the minimum number of days for restricted procedures? General. 30 days for procurement above EU thresholds. (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Art. 79 (2) (5))
What are the minimum number of days  for competitive negotiated procedures? General. 30 days for procurement above EU thresholds. (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Art. 84 (2) (5))

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. Indicatively, the main exceptions are: 1. contracts in the water, energy, transport and postal services sectors covered by the Law on Procurement of Utilities; 2. electronic communications; 3. contracts subject to international laws; 4. certain service contracts such as those related to: a) rental or acquisition of land; b) radio or TV broadcasting or production; c) arbitration; d) legal services; e) financial services; f) employment; g) research and development; h) passenger transport; 5. services awarded on the basis of an exclusive right; 6. contracts concluded between public sector entities; 7. procedures specific to certain international organisations; 8. specific procedures of EU Law. ( Law No. 98 of 2016 on Public Procurement, as amended in 2020, Arts. 26-33)
Does the law specify the main types of institutions that must apply the public procurement law? Yes. The main types of institutions are: a) any state body acting at central, regional or local level; b) any body having legal personality which is financed by or subordinated to a contracting authority or whose majority of board members is appointed by a contracting authority/another body governed by public law; c) any association formed by contracting authorities; d) public enterprises; and e) other subjects of law. ( Law No. 98 of 2016 on Public Procurement, as amended in 2020, Art. 4)
Does the law specify the main procedure types or procurement methods permitted? Yes. Open procedure; restricted procedure; competitive procedure with negotiation, competitive dialogue, innovation partnership, negotiated procedure without prior publication of a contract notice, design contest, award procedure applicable to social and other specific services, simplified procedure. (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Art. 68 (1))
Is there a procurement arbitration court dedicated to public procurement cases? Yes. National Council for Solving Complaints ("Consiliul Naţional de Soluţionare a Contestaţiilor") (Law No. 101 of 2016, as amended in 2020, Art. 4 (1) (a))
Is there a procurement regulatory body dedicated to public procurement? Yes. National Public Procurement Agency ("Agenția Națională pentru Achiziții Publice" - ANAP) (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Arts. 8 (3), 233 and 237 Government Emergency Ordinance No. 13 of 2015)
Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? No. There are no provisions concerning procurement advisors' professions. The closest provision would be that concerning the evaluation committee: if the evaluation of requests to participate/tenders requires in-depth expertise in the field of public procurement or of a technical, financial, legal and/or specific contractual nature, the contracting authority may appoint, in addition to the evaluation committee, external experts. Moreover, there are provisions for the members of the National Council for Solving Complaints. Council members are selected by competition, being appointed by the Prime Minister, under the provisions of the law. Council members are selected based on professional skills and good reputation. The candidates must have university studies, experience of at least 9 years in the legal, economic or technical field, as well as at least 3 years’ experience in public procurement. (Methodological Norms of 2 June 2 2016 for the application of Law No. 98 of 2016, as amended in 2020, Art. 126 (3) Law No. 101 of 2016, as amended in 2020, Arts. 13, 44 and 45)
Is disclosure of final, beneficial owners required for placing a bid? Yes. In order to comply with the principles of transparency and equal treatment, the contracting authority has the right to request and the economic operator has the obligation to communicate the identification data of the holders/beneficiaries of the actions to the bearer, in case the economic operator, bidder/candidate, third party supporter or subcontractor to the procedure is a joint stock company, with share capital represented by bearer shares. The legal representative of the economic operator submits a declaration on his own responsibility regarding the holders/real beneficiaries of the bearer shares, under the sanctions provided by art. 326 of Law No. 286/2009 on the Criminal Code, with subsequent amendments and completions. Moreover, the contracting authority is obliged to exclude from the award procedure any economic operator, organized as a joint stock company, whose share capital is represented by bearer shares and who does not prove the identity of the holders/beneficiaries of the bearer shares. (Law No. 98 of 2016 on Public Procurement, as amended in 2020, Art. 53 (2) (3), 167 (1^1) and 179 (b))

Complaints

Is there a fee for arbitration procedure? Yes. The appeal filed with the competent court shall be charged with 2% of the estimated value of the contract, but not more than 100,000,000 lei. Exceptionally, if the award procedure is organized in lots, the stamp duties shall relate to the estimated value of each contested lot. In the case of a framework award procedure, the amount of the court fee shall be related to the estimated value of the largest subsequent contract to be awarded under that framework agreement. The appeal filed against the decision to settle the appeal shall be charged with 50% of the corresponding fee. Appeals by the contracting authorities shall be exempt from judicial stamp duty. (Law No. 101 of 2016, as amended in 2020, Art. 52^1)
Is there a ban on contract signature until arbitration court decision (first instance court)? Yes. The contracting authority has the right to conclude the contract only after the communication of the Council decision on the settlement of the appeal and after the expiration of the waiting period provided for its conclusion, which is not interrupted/suspended by the formulation of the appeal. Additionally, in duly justified cases and in order to prevent imminent damage, at the request of the person concerned, the Council may, by decision within 3 days of receipt of the request, order the suspension of the award procedure or any decision taken by the contracting authority until the resolution of the appeal. (Law No. 101 of 2016, as amended in 2020, Arts. 9 (4), 22 (1), 33 (1), 49, 53 (2) and 59)
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? General. Both administrative and judicial review proceedings are considered to be urgent proceedings and short terms are applicable in both jurisdictions. The Council solves on the merits the appeal within 20 days from the date of receipt, under the conditions of art. 18 para. (2), of the file of the public procurement, of the sectorial procurement or of the concession, respectively within 10 days in the situation of the incidence of an exception that prevents the analysis on the merits of the appeal. In duly justified cases, the time limit for resolving the appeal may be extended by 10 days, the extension being communicated to the contracting authority. ( Law No. 101 of 2016, as amended in 2020, Arts. 24 and 50)
Is there a requirement to publicly release arbitration court decisions ? Yes. The decision shall be published within 5 days of the decision on the Council's website (http://www.cnsc.ro/), in the Official Journal, without reference to the identification data of the parties, personal data and information provided by the economic operator, or information that the economic operator proves to be confidential according to the provisions of art. 19 para. (1) or protected by an intellectual property right. The decisions by which the Council orders the taking of remedial measures are forwarded, by electronic means, weekly, to ANAP. The decision shall be published by the contracting authority in the SEAP, within 5 days from the date of receipt, without reference to the information that the economic operator specifies and proves to be confidential or protected by an intellectual property right. (Law No. 101 of 2016, as amended in 2020, Art. 27)

Legislation

Emergency Ordinance No. 114 of 21 December of 2011 (Romanian)pdf
Emergency Ordinance No. 13 of 20 May 2015 (Romanian)pdf
Emergency Ordinance No. 76 of 2010 (Romanian)pdf
Law No. 101 of 2016 (Romanian)pdf
Law No. 193 of 2013 (Romanian)pdf
Law No. 98 of 2016 on Public Procurement (Romanian)pdf
Law No. 99 of 2016 on Sectoral Procurement (Utilities) (Romanian)pdf
Methodological Norms of 2 June 2016 for the application of Law No. 98 of 2016 (Romanian)pdf
Methodological Norms of 2 June 2016 for the application of Law No. 99 of 2016 (Romanian)pdf

*Last update: 2017