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Rule of Law: Implementing a comprehensive and integrated approach in prevention and fight against corruption in the Danube region”, 04-05 November 2013 R O M A N I A R O M A N I A MINISTRY OF INTERNAL AFFAIRS MINISTRY OF INTERNAL AFFAIRS ANTI-CORRUPTION GENERAL DIRECTORATE ANTI-CORRUPTION GENERAL DIRECTORATE AGD approach on regional cooperation in fighting corruption
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Page 1: Rule of Law: Implementing a comprehensive and integrated approach in prevention and fight against corruption in the Danube region”, 04-05 November 2013.

Rule of Law: Implementing a comprehensive and integrated approach in prevention and fight against corruption in the Danube

region”, 04-05 November 2013

R O M A N I AR O M A N I AMINISTRY OF INTERNAL AFFAIRSMINISTRY OF INTERNAL AFFAIRS

ANTI-CORRUPTION GENERAL DIRECTORATEANTI-CORRUPTION GENERAL DIRECTORATE

AGD approach on regional cooperation in fighting

corruption

Page 2: Rule of Law: Implementing a comprehensive and integrated approach in prevention and fight against corruption in the Danube region”, 04-05 November 2013.

Romanian anti-corruption legislative framework

Criminal Code & Law nr. 78/2000 on preventing, discovering and sanctioning corruption deeds Corruption offences

Bribe taking Bribe giving Receiving undue advantages Trading influence

Crimes assimilated to corruption offences Crimes in direct relation to corruption offences Crimes against the EU financial interests

Page 3: Rule of Law: Implementing a comprehensive and integrated approach in prevention and fight against corruption in the Danube region”, 04-05 November 2013.

International anti-corruption instruments

Romania is party to:

Council of Europe Civil Law Convention on Corruption

Council of Europe Criminal Law Convention on Corruption

Additional Protocol to Council of Europe Criminal Law Convention on Corruption

UN Convention against Corruption UN Convention against Transnational Organized

Crime

Page 4: Rule of Law: Implementing a comprehensive and integrated approach in prevention and fight against corruption in the Danube region”, 04-05 November 2013.

Institutional framework

Ministry of Justice National Integrity Agency (ANI) National Anti-corruption Directorate (DNA) Ministry of Internal Affairs

Anti-corruption General Directorate (DGA)

Page 5: Rule of Law: Implementing a comprehensive and integrated approach in prevention and fight against corruption in the Danube region”, 04-05 November 2013.

MINISTRY OF INTERNAL AFFAIRS - ANTI-CORRUPTION GENERAL DIRECTORATE

One of the measures taken for Romania’s accession to the EU was the establishment of an anti-corruption unit within the MoIA.

AGD: was set up in 2005, as the specialized anti-corruption unit, with competence

in this field

deals with prevention and investigation of corruption offences;

is a judiciary police unit;

is subordinated to:• the Minister internal affairs, from the administrative point of view;• the case prosecutor, from the operational point of view.

Page 6: Rule of Law: Implementing a comprehensive and integrated approach in prevention and fight against corruption in the Danube region”, 04-05 November 2013.

AGD’ s responsabilities

Investigating corruption offences;

Judicial police activities, according to law;

Prevention activities and coordinate raising awareness campaigns;

Integrity testing activities;

Receive the citizens’ complaints/ petitions;

Draft risk and strategic analysis and propose procedural measures to improve the situation.

Page 7: Rule of Law: Implementing a comprehensive and integrated approach in prevention and fight against corruption in the Danube region”, 04-05 November 2013.

Cooperation

Bilateral/regional cooperation, through the initiation of the contacts with the similar foreign agencies and regional organizations, in order to establish the methods of cooperation and the development of the previous contacts with the foreign partners;

Multilateral cooperation within international organizations/networks, which have initiatives on combating criminality and especially corruption;

Operational cooperation through the specific channels of MoIA with the competent authorities from other states, in order to solve the operational situations that have occurred in the current activity of AGD.

Page 8: Rule of Law: Implementing a comprehensive and integrated approach in prevention and fight against corruption in the Danube region”, 04-05 November 2013.

Romanian – Bulgarian cooperation Common Action Plan for cooperation between AGD within the Ministry of Interior and

Administrative Reform of Romania and Inspectorate Directorate within the Ministry of the Interior of the Republic of Bulgaria in the field of preventing and combating corruption, signed in Burgas, on 26.07.2008 Preventive activities at the common borders Working groups with representative of the civil society Share of best practices Operative activities Information exchange

Common action plan for cooperation between AGD within the Ministry of Administration and Interior of Romania and the Internal Security Directorate within the Ministry of Interior of the Republic of Bulgaria, signed on 10.04.2012

ISEC 2011 project - Enhancing police internal affairs departments in EU member states, with partners: Center for the Study of Democracy and Internal Security Directorate

ISEC 2012 Project „Development of the civil society involvement in drafting, implementing and assessing anticorruption policies”, with partner: Center for the Study of Democracy

Page 9: Rule of Law: Implementing a comprehensive and integrated approach in prevention and fight against corruption in the Danube region”, 04-05 November 2013.

Romanian – Hungarian cooperation

Protocol on co-operation between the Anti-corruption General Directorate within the Ministry of Administration and Interior of Romania and the National Protective Service within the Ministry of Interior of Hungary in the field of preventing and countering corruption, signed in Budapest, on 03.05.2012

Page 10: Rule of Law: Implementing a comprehensive and integrated approach in prevention and fight against corruption in the Danube region”, 04-05 November 2013.

Romanian – Moldavian cooperation

Common Action Plan on cooperation between Anti-corruption General Directorate within the Ministry of Administration and Interior of Romania and Centre for Combating Economical Crimes and Corruption from the Republic of Moldova, signed at Galati, 21 September 2010.

At present, the CCCEC from Moldova became the National Anti-corruption Centre, after being reorganized in 2012.

Page 11: Rule of Law: Implementing a comprehensive and integrated approach in prevention and fight against corruption in the Danube region”, 04-05 November 2013.

Romanian - Serbian cooperation

Protocol of co-operation between AGD within the Ministry of Internal Affairs and the Internal Affairs Sector within the Ministry of Interior of Serbia in the field of preventing and countering corruption, within the legal competences, signed on 04.10.2012

Page 12: Rule of Law: Implementing a comprehensive and integrated approach in prevention and fight against corruption in the Danube region”, 04-05 November 2013.

Romanian-Serbian-Moldavian cooperation

OLAF Project “Strengthening regional co-operation for preventing and countering corruption at EU external border”

Page 13: Rule of Law: Implementing a comprehensive and integrated approach in prevention and fight against corruption in the Danube region”, 04-05 November 2013.

Case study – co-operation with NAC Moldova - 2013

- co-operation between AGD (Romania) and National Anti-corruption Center (Moldavia)

- Joint Investigation Team

- taking bribe and trading influence committed by Romanian and Moldavian employees within the Border Crossing Point Albiţa (RO)/Leuşeni (MD).

- criminal files drawn up in Romania and Moldavia.

- simultaneous searches - RO (27) si MD (53).

- 140.000 de euro were lifted during the searches in Romania. - criminal pursuit against 28 Romanian employees (24 customs employees and 4 border

policemen).

- 33 Moldavian employees were retained (19 customs employees, 13 border policemen and 1 economic police employees). Investigations are ongoing.

Page 14: Rule of Law: Implementing a comprehensive and integrated approach in prevention and fight against corruption in the Danube region”, 04-05 November 2013.

Regional cooperation

Regional Cooperation Council Eastern Partnership OSCE - Organisation for Security and Cooperation

in Europe - regional conferences BSEC – Black Sea Economic Cooperation

Page 15: Rule of Law: Implementing a comprehensive and integrated approach in prevention and fight against corruption in the Danube region”, 04-05 November 2013.

European level cooperation

EPAC – European Partners against Corruption

EACN – European Anti-corruption Network

IACA – International Anti-corruption Academy

Page 16: Rule of Law: Implementing a comprehensive and integrated approach in prevention and fight against corruption in the Danube region”, 04-05 November 2013.

THANK YOU VERY MUCH FOR YOUR THANK YOU VERY MUCH FOR YOUR ATTENTION! ATTENTION!


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