EUROPAM

European Public Accountability Mechanisms

Romania

Country score (EU Average*)
  • 91(72) Political Financing
  • 88(57) Financial Disclosure
  • 67(49) Conflict of Interest
  • 64(59) Freedom of Information
  • 82(63) Public Procurement
  • 61(66) Anti Money Laundering
  • 80(71) Asset Recovery

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

201220152016201720202024Trend
Bans and limits on private income6167676710075
Public funding888888888888
Regulations on spending50505050100100
Reporting, oversight and sanctions8383838383100

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

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)
Is there a ban on corporate donations to political parties? No. Absent from legal framework
Is there a ban on corporate donations to candidates? Yes. Contributions for the electoral campaign that may be submitted by the candidates or the financial agent may come only from donations received by candidates from individuals, from their own incomes or from loans from individuals or contracted with credit institutions. (Article 28 (8), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006)
Is there a ban on donations from corporations with government contracts to political parties? Yes. It is forbidden to finance in any way the electoral campaign of a party, of their alliance or of an independent candidate by a public authority, public institution, autonomous directorate, national company, company governed by Law no. 31/1990, republished, with subsequent modifications and completions, or credit institution, to which the state or administrative-territorial units are majority shareholders, or by companies regulated by Law no. 31/1990, republished, with the subsequent amendments and completions, which carry out activities financed from public funds. The prohibition applies to companies governed by Law no. 31/1990, republished, with the subsequent amendments and completions, which, 12 months before the beginning of the electoral campaign, carried out activities financed from public funds (Article 33 (1), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017))
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? Yes. It is forbidden to finance in any way the electoral campaign of a party, of their alliance or of an independent candidate by a public authority, public institution, autonomous directorate, national company, company governed by Law no. 31/1990, republished, with subsequent modifications and completions, or credit institution, to which the state or administrative-territorial units are majority shareholders, or by companies regulated by Law no. 31/1990, republished, with the subsequent amendments and completions, which carry out activities financed from public funds. The prohibition applies to companies governed by Law no. 31/1990, republished, with the subsequent amendments and completions, which, 12 months before the beginning of the electoral campaign, carried out activities financed from public funds (Article 33 (1), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017))
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))
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)
Is there a ban on anonymous donations to political parties? Yes ? . 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. 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) Article 11 (1) - (3), The Law no. 334/2006 on financing the activity of political parties and electoral campaigns, 2006 (as of January 20, 2017))
Is there a ban on anonymous donations to candidates? No. Absent from legal framework
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) )
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 Yes. Art.18 (1) Political parties shall receive an annual subsidy from the state budget, according to the lawful provisions. (Art 18(1), (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: 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 Yes. See sub-indicators
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 Yes. See sub-indicators
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 Yes. See sub-indicators
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? Yes. See sub-indicators
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 

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
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

201220152016201720202024Trend
Disclosure items383939397589
Filing frequency505050507575
Sanctions67676767100100
Monitoring and Oversight5050505075100
Public access to declarations505050507575

Alternative Metric

201220152016201720202024Trend
Head of State515151518088
Ministers515151518088
Members of Parliament515252528088
Civil servants515151518088

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 including 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. While not explicitly stated, public access is effectively free online, which should be reflected for accuracy" ( Administrative Code (OUG No. 57/2019) Conflict of interest provisions in Law No. 176/2010)
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. Absent from legal framework. This is clearly regulated under conflict of interest rules (Art. 70–79, Law No. 161/2003)
Concurrent employment of family members in public sector No. Absent from legal framework.

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.

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 penalties (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 penalties (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 penalties (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. Declarations are published on the website of the National Integrity Agency (ANI) and/or the institution’s website (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. While not explicitly stated, public access is effectively free online, which should be reflected for accuracy

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 including 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. While not explicitly stated, public access is effectively free online, which should be reflected for accuracy" ( Administrative Code (OUG No. 57/2019) Conflict of interest provisions in Law No. 176/2010)
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. Absent from legal framework. This is clearly regulated under conflict of interest rules (Art. 70–79, Law No. 161/2003)
Concurrent employment of family members in public sector No. Absent from legal framework.

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.

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 penalties (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 penalties (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 penalties (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. Publication is online (ANI + institution websites) only (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)
Location(s) of access specified Yes. National Integrity Agency website and the website of the relevant public institution. (Art. 6^1–6^3, Law No. 176/2010 (as amended))
Cost of access specified No. Absent from legal framework. While not explicitly stated, public access is effectively free online, which should be reflected for accuracy

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 including 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. While not explicitly stated, public access is effectively free online, which should be reflected for accuracy" ( Administrative Code (OUG No. 57/2019) Conflict of interest provisions in Law No. 176/2010)
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. Absent from legal framework. This is clearly regulated under conflict of interest rules (Art. 70–79, Law No. 161/2003)
Concurrent employment of family members in public sector No. Absent from legal framework.

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.

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 penalties. 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 penalties. 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 penalties. 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. While not explicitly stated, public access is effectively free online, which should be reflected for accuracy

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 Law on Gifts (2004))
Private firm ownership and/or stock holdings Yes. being an associate or shareholder of a company must be declared including 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. While not explicitly stated, public access is effectively free online, which should be reflected for accuracy" ( Administrative Code (OUG No. 57/2019) Conflict of interest provisions in Law No. 176/2010)
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. Absent from legal framework. This is clearly regulated under conflict of interest rules (Art. 70–79, Law No. 161/2003)
Concurrent employment of family members in public sector No. Absent from legal framework.

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.

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 penalties (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 penalties (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 penalties (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. While not explicitly stated, public access is effectively free online, which should be reflected for accuracy

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

201220152016201720202024Trend
Restrictions182832326568
Sanctions82525253333
Monitoring and Oversight3850505075100

Alternative Metric

201220152016201720202024Trend
Head of State172020205168
Ministers03335464
Members of Parliament275252526868
Civil servants416168685868

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 Yes. In the event of a conflict of interest, if they relate to the situation of conflict of interest, all legal or administrative acts concluded directly or through intermediaries, in violation of the legal provisions on the conflict of interest, are struck by absolute nullity. The act of the person in respect of whom it was found that an administrative act was issued, a legal act concluded, a decision taken or that s/he participated in a decision in violation of the legal obligations regarding conflict of interests or the state of incompatibility constitutes a disciplinary violation. It is sanctioned according to the regulation applicable to the respective dignity, function or activity, insofar as the provisions of Law No. 176 of 2010 do not derogate from it and if the deed does not meet the constitutive elements of a crime. (Law No. 176 of 1 September 2010 (as of 2024), Arts. 23 and 25)
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. The President of Romania has the obligation to declare his/her assets and interests, including shares/stocks in private firms. (Law No. 176 of 1 September 2010 (as of 2024), Art. 1 (1) 1. and Annexes 1 and 2)
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts Yes. During the term of office, the President of Romania may not be a member of a party and may not hold any other public or private office. Additionally, the President has the obligation to declare any contracts, including legal aid, consultancy and civil assistance, obtained or in progress during the exercise of functions, concluded with state-owned companies or where the state is majority/minority shareholder. (Constitution of the Republic of Romania (as of 2024), Art. 84 (1) Law No. 176 of 1 September 2010 (as of 2024), Art. 1 (1) 1. and Annex 2)
Board member, advisor, or company officer of private firm Yes. During the term of office, the President of Romania may not be a member of a party and may not hold any other public or private office. (Constitution of the Republic of Romania (as of 2024), Art. 84 (1))
Post-employment Yes. The activity of evaluating the declaration of assets, data and information on existing assets, as well as the patrimonial changes that occurred during the exercise of public functions or dignities, and the evaluation of conflicts of interest and incompatibilities are performed both during the exercise positions or public dignities, as well as within 3 years after their termination. (Law No. 176 of 1 September 2010 (as of 2024), Art. 11 (1))
Simultaneously holding policy-making position and policy-executing position Yes. During the term of office, the President of Romania may not be a member of a party and may not hold any other public or private office. (Constitution of the Republic of Romania (as of 2024), Art. 84 (1))
Participating in official decision-making processes that affect private interests Yes. The act of the person in respect of whom it was found that an administrative act was issued, a legal act concluded, a decision taken or that s/he participated in a decision in violation of the legal obligations regarding conflict of interests or the state of incompatibility constitutes a disciplinary violation. It is sanctioned according to the regulation applicable to the respective dignity, function or activity, insofar as the provisions of Law No. 176 of 2010 do not derogate from it and if the deed does not meet the constitutive elements of a crime. (Law No. 176 of 1 September 2010 (as of 2024), Art. 25 (1))
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. The act of the person regarding whom the state of incompatibility or conflict of interests has been ascertained constitutes grounds for dismissal or, as the case may be, constitutes a disciplinary violation and is sanctioned according to the regulation applicable to the respective dignity, position or activity. By way of derogation from the provisions of special laws governing disciplinary liability, disciplinary sanctions that may be imposed as a result of violations of those contained Law No. 176 of 2010 may not consist of reprimand or warning. (Law No. 176 of 1 September 2010 (as of 2024), Art. 25 (3) (4))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The National Integrity Agency. Integrity inspectors carry out the following activities: a) receive, collect, centralize and process data and information on the situation of existing wealth during the exercise of public dignities and functions, incompatibilities and conflicts of interest regarding persons holding public positions or dignities; b) evaluate the declarations of assets and the declarations of interests; c) perform control of the timely submission of the declarations of assets and of the declarations of interests; d) evaluate the significant differences and changes occurred in the fortune during the exercise of public dignities and functions and the incomes realized in the same period; e) evaluate conflicts of interest or incompatibilities of persons holding dignities or public positions; f) draw up evaluation reports; and h) apply sanctions and take the measures provided by law in their competence. (Law No. 176 of 1 September 2010 (as of 2024), Arts. 1 (3) and 10)
Enforcement body specified (sanctions, hearings) Yes. The National Integrity Agency. (Law No. 176 of 1 September 2010 (as of 2024), Arts. 1 (3) and 10)

Ministers

Restrictions

General restriction on conflict of interest Yes. In the event of a conflict of interest, if they relate to the situation of conflict of interest, all legal or administrative acts concluded directly or through intermediaries, in violation of the legal provisions on the conflict of interest, are struck by absolute nullity. The act of the person in respect of whom it was found that an administrative act was issued, a legal act concluded, a decision taken or that s/he participated in a decision in violation of the legal obligations regarding conflict of interests or the state of incompatibility constitutes a disciplinary violation. It is sanctioned according to the regulation applicable to the respective dignity, function or activity, insofar as the provisions of Law No. 176 of 2010 do not derogate from it and if the deed does not meet the constitutive elements of a crime. (Law No. 176 of 1 September 2010 (as of 2024), Arts. 23 and 25)
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. Members of Government (Ministers) have the obligation to declare their assets and interests, including shares/stocks in private firms. (Law No. 176 of 1 September 2010 (as of 2024), Art. 1 (1) 5. and Annexes 1 and 2)
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts Yes. Members of Government have the obligation to declare any contracts, including legal aid, consultancy and civil assistance, obtained or in progress during the exercise of functions, concluded with state-owned companies or where the state is majority/minority shareholder. (Law No. 176 of 1 September 2010 (as of 2024), Art. 1 (1) 5. and Annex 2)
Board member, advisor, or company officer of private firm Yes. The position of member of Government (Minister) is incompatible with the exercise of another public office of authority, except for that of deputy or senator. It is also incompatible with the exercise of a paid professional representation in commercial organizations. Additionally, the function of member of the Government is incompatible with the position of chairman, vice-chairman, general manager, director, administrator, member of the board of directors or censor of commercial companies, including banks or other credit institutions, insurance and financial companies, as well as public institutions. (Constitution of the Republic of Romania (as of 2024), Art. 105 (1) Law No. 161 of 19 April 2003 (as of 2024), Art. 84)
Post-employment Yes. The activity of evaluating the declaration of assets, data and information on existing assets, as well as the patrimonial changes that occurred during the exercise of public functions or dignities, and the evaluation of conflicts of interest and incompatibilities are performed both during the exercise positions or public dignities, as well as within 3 years after their termination. (Law No. 176 of 1 September 2010 (as of 2024), Art. 11 (1))
Simultaneously holding policy-making position and policy-executing position No. The Constitution stipulates that the position of member of Government (Minister) is incompatible with the exercise of another public office of authority, except for that of deputy or senator. In theory, then, it should be possible for a member of Government to simultaneously hold a policy-making position and a policy-executing position. (Constitution of the Republic of Romania (as of 2024), Art. 105 (1) Law No. 161 of 19 April 2003 (as of 2024), Art. 84)
Participating in official decision-making processes that affect private interests Yes. Members of the government may not issue an administrative act or sign a legal document, or participate in decision-making if the decision can bring material benefit to himself/herself, spouse or relatives. (Law No. 161 of 19 April 2003 (as of 2024), Art. 72 Law No. 176 of 1 September 2010 (as of 2024), Art. 25 (1))
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. The act of the person regarding whom the state of incompatibility or conflict of interests has been ascertained constitutes grounds for dismissal or, as the case may be, constitutes a disciplinary violation and is sanctioned according to the regulation applicable to the respective dignity, position or activity. By way of derogation from the provisions of special laws governing disciplinary liability, disciplinary sanctions that may be imposed as a result of violations of those contained Law No. 176 of 2010 may not consist of reprimand or warning. Additionally, violation of the obligations not to participate in decision-making in one's own interest constitutes an administrative offense, unless it is a more serious act according to the law. (Law No. 176 of 1 September 2010 (as of 2024), Art. 25 (3) (4) Law No. 161 of 19 April 2003 (as of 2024), Art. 73 (1))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The National Integrity Agency. Integrity inspectors carry out the following activities: a) receive, collect, centralize and process data and information on the situation of existing wealth during the exercise of public dignities and functions, incompatibilities and conflicts of interest regarding persons holding public positions or dignities; b) evaluate the declarations of assets and the declarations of interests; c) perform control of the timely submission of the declarations of assets and of the declarations of interests; d) evaluate the significant differences and changes occurred in the fortune during the exercise of public dignities and functions and the incomes realized in the same period; e) evaluate conflicts of interest or incompatibilities of persons holding dignities or public positions; f) draw up evaluation reports; and h) apply sanctions and take the measures provided by law in their competence. (Law No. 176 of 1 September 2010 (as of 2024), Arts. 1 (3) and 10)
Enforcement body specified (sanctions, hearings) Yes. The National Integrity Agency. (Law No. 176 of 1 September 2010 (as of 2024), Arts. 1 (3) and 10)

Members of Parliament

Restrictions

General restriction on conflict of interest Yes. In the event of a conflict of interest, if they relate to the situation of conflict of interest, all legal or administrative acts concluded directly or through intermediaries, in violation of the legal provisions on the conflict of interest, are struck by absolute nullity. The act of the person in respect of whom it was found that an administrative act was issued, a legal act concluded, a decision taken or that s/he participated in a decision in violation of the legal obligations regarding conflict of interests or the state of incompatibility constitutes a disciplinary violation. The act of the deputy or senator of violating the legislation on the matter regarding conflict of interests constitutes a disciplinary violation and is sanctioned with the diminution of the allowance by 10% for a maximum period of 3 months. The sanction is applied by the Permanent Bureau of the Chamber to which the deputy or senator belongs. (Law No. 176 of 1 September 2010 (as of 2024), Arts. 1 (1) 3., 23 and 25 Statute of Deputies and Senators of 2006 (as of 2024), Art. 19 Rules of Procedure of the Chamber of Deputies (as of 2024), Art. 230 Rules of Procedure of the Senate (as of 2024), Art. 190)
Accepting gifts Yes. Deputies and senators have the obligation to declare any gifts or benefits received in the exercise of office, with the exceptions provided by Law No. 251/2004 regarding some measures on the goods received free of charge on the occasion of some protocol actions in the exercise of the mandate or function. (Code of Conduct for Deputies and Senators of 2017 (as of 2024), Art. 8 (2))
Private firm ownership and/or stock holdings Yes. Members of Parliament (deputies and senators) have the obligation to declare their assets and interests, including shares/stocks in private firms. Additionally, the Rules of Procedure of the Senate especifically provide that Senators must include in their declaration of interests information on whether they are shareholders or associates at the companies regulated by the Companies Law No. 31/1990. (Law No. 176 of 1 September 2010 (as of 2024), Arts. 1 (1) 3. and Annexes 1 and 2 Rules of Procedure of the Senate (as of 2024), Art. 190 (3) (c))
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts Yes. Members of Parliament have the obligation to declare any contracts, including legal aid, consultancy and civil assistance, obtained or in progress during the exercise of functions, concluded with state-owned companies or where the state is majority/minority shareholder. (Law No. 176 of 1 September 2010 (as of 2024), Art. 1 (1) 3. and Annex 2)
Board member, advisor, or company officer of private firm Yes. The quality of deputy or senator is incompatible, inter alia, with the position of president, vice-president, general manager, director, administrator, member of the board of directors or censor at the companies regulated by the Companies Law No. 31/1990, including banks or other credit institutions, insurance/reinsurance and financial companies, as well as to public institutions. (Statute of Deputies and Senators of 2006 (as of 2024), Art. 16 (2) Law No. 161 of 19 April 2003 (as of 2024), Art. 82 (1))
Post-employment Yes. The activity of evaluating the declaration of assets, data and information on existing assets, as well as the patrimonial changes that occurred during the exercise of public functions or dignities, and the evaluation of conflicts of interest and incompatibilities are performed both during the exercise positions or public dignities, as well as within 3 years after their termination. (Law No. 176 of 1 September 2010 (as of 2024), Art. 11 (1))
Simultaneously holding policy-making position and policy-executing position No. The Constitution stipulates that the quality of deputy or senator is incompatible with the exercise of any public office of authority, except for that of member of the Government. In theory, then, it should be possible for a Member of Parliament to simultaneously hold a policy-making position and a policy-executing position. (Constitution of the Republic of Romania (as of 2024), Art. 71 (2) Law No. 161 of 19 April 2003 (as of 2024), Art. 81)
Participating in official decision-making processes that affect private interests Yes. The act of the person in respect of whom it was found that an administrative act was issued, a legal act concluded, a decision taken or that s/he participated in a decision in violation of the legal obligations regarding conflict of interests or the state of incompatibility constitutes a disciplinary violation. It is sanctioned according to the regulation applicable to the respective dignity, function or activity, insofar as the provisions of Law No. 176 of 2010 do not derogate from it and if the deed does not meet the constitutive elements of a crime. (Law No. 176 of 1 September 2010 (as of 2024), Art. 25 (1))
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. The act of the deputy or senator of violating the legislation on the matter regarding conflict of interests constitutes a disciplinary violation and is sanctioned with the diminution of the allowance by 10% for a maximum period of 3 months. The sanction is applied by the Permanent Bureau of the Chamber to which the deputy or senator belongs. Additionally, sanctions for the disciplinary violations provided in Art. 51 of the Statute of Deputies and Senators of 2006, including violations of conflict of interests regulatations, are the following: a) verbal warning; b) the call to order; c) withdrawal of the word; d) removal from the room during the meeting; e) written warning. In case of conflict of interest, upon notification of the Permanent Bureau of the respective Chamber, the commission competent to analyse disciplinary issues shall draw up a report stating that the report of the National Integrity Agency on the existence of conflict of interest is final. (Statute of Deputies and Senators of 2006 (as of 2024), Arts. 19 (1), 51 (e), 52 and 53 (4) Code of Conduct for Deputies and Senators of 2017 (as of 2024), Art. 10 Law No. 176 of 1 September 2010 (as of 2024), Art. 25 (3) (4) Rules of Procedure of the Senate (as of 2024), Arts. 206, 207 and 208)
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The National Integrity Agency. Integrity inspectors carry out the following activities: a) receive, collect, centralize and process data and information on the situation of existing wealth during the exercise of public dignities and functions, incompatibilities and conflicts of interest regarding persons holding public positions or dignities; b) evaluate the declarations of assets and the declarations of interests; c) perform control of the timely submission of the declarations of assets and of the declarations of interests; d) evaluate the significant differences and changes occurred in the fortune during the exercise of public dignities and functions and the incomes realized in the same period; e) evaluate conflicts of interest or incompatibilities of persons holding dignities or public positions; f) draw up evaluation reports; and h) apply sanctions and take the measures provided by law in their competence. (Law No. 176 of 1 September 2010 (as of 2024), Arts. 1 (3) and 10)
Enforcement body specified (sanctions, hearings) Yes. Sanctions are applied by the Permanent Bureau of the Chamber to which the deputy or senator belongs. (Statute of Deputies and Senators of 2006 (as of 2024), Art. 53 (4))

Civil servants

Restrictions

General restriction on conflict of interest Yes. Civil servants have the obligation to respect exactly the legal regime of the conflict of interests and incompatibilities, established according to the law. In the event of a conflict of interest, if they relate to the situation of conflict of interest, all legal or administrative acts concluded directly or through intermediaries, in violation of the legal provisions on the conflict of interest, are struck by absolute nullity. The act of the person in respect of whom it was found that an administrative act was issued, a legal act concluded, a decision taken or that s/he participated in a decision in violation of the legal obligations regarding conflict of interests or the state of incompatibility constitutes a disciplinary violation. (Civil Service Regulations of 1999 (as of 2024), Art. 49 Law No. 161 of 19 April 2003 (as of 2024), Art. 79 Law No. 176 of 1 September 2010 (as of 2024), Arts. 1 (1) 31., 23 and 25)
Accepting gifts Yes. Civil servants are prohibited from requesting or accepting, directly or indirectly, for themselves or for others, in consideration of their public office, gifts or other benefits. (Civil Service Regulations of 1999 (as of 2024), Art. 47 (1))
Private firm ownership and/or stock holdings Yes. Civil servants have the obligation to declare their assets and interests, including shares/stocks in private firms. (Law No. 176 of 1 September 2010 (as of 2024), Arts. 1 (1) 31. and Annexes 1 and 2)
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment Yes. Civil servants who, in the exercise of the public function, carried out monitoring and control activities regarding commercial companies or other for-profit units cannot carry out their activity or provide specialized consultancy to these companies for 3 years after leaving the body of civil servants. (Law No. 161 of 19 April 2003 (as of 2024), Art. 94 (3))
Simultaneously holding policy-making position and policy-executing position Yes. The quality of civil servant is incompatible with the exercise of any other public function or qualities than the one in which he was appointed, as well as with the functions of public dignity. A civil servant may run for an eligible position or may be appointed to a position of public dignity. However, his/her activities shall be suspended: a) during the electoral campaign, until the day after the elections, if s/he is not elected; b) until the termination of the eligible position or the position of public dignity, in case the civil servant has been elected or appointed. (Law No. 161 of 19 April 2003 (as of 2024), Arts. 94 and 97)
Participating in official decision-making processes that affect private interests Yes. The act of the person in respect of whom it was found that an administrative act was issued, a legal act concluded, a decision taken or that s/he participated in a decision in violation of the legal obligations regarding conflict of interests or the state of incompatibility constitutes a disciplinary violation. It is sanctioned according to the regulation applicable to the respective dignity, function or activity, insofar as the provisions of Law No. 176 of 2010 do not derogate from it and if the deed does not meet the constitutive elements of a crime. (Law No. 176 of 1 September 2010 (as of 2024), Art. 25 (1))
Assisting family or friends in obtaining employment in public sector Yes. Direct hierarchical relationships are not allowed if the officials are spouses or first degree relatives. (Law No. 161 of 19 April 2003 (as of 2024), Art. 95 (1))

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Violation of provisions regarding duties, incompatibilities, conflicts of interests and interdictions established by law for civil servants constitute disciplinary offences. The disciplinary sanctions are: a) written reprimand; b) reduction of salary rights by 5-20% for a period of up to 3 months; c) suspension of the right to advance in the salary grades or, as the case may be, of promotion in the public position for a period from 1 to 3 years; d) demotion in the salary stages or demotion in the public position for a period of up to one year; e) dismissal from public office. (Civil Service Regulations of 1999 (as of 2024), Art. 77 (2) (j) (3))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Law No. 78 of 8 May 8 2000 provides for different criminal sanctions in relation to corrupt behaviour on the part of different public officials. However, it is not aimed at punishing breaches of conflicts of interest regulations. (Criminal Code, art. 301; Law No. 78/2000.)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The National Integrity Agency. Integrity inspectors carry out the following activities: a) receive, collect, centralize and process data and information on the situation of existing wealth during the exercise of public dignities and functions, incompatibilities and conflicts of interest regarding persons holding public positions or dignities; b) evaluate the declarations of assets and the declarations of interests; c) perform control of the timely submission of the declarations of assets and of the declarations of interests; d) evaluate the significant differences and changes occurred in the fortune during the exercise of public dignities and functions and the incomes realized in the same period; e) evaluate conflicts of interest or incompatibilities of persons holding dignities or public positions; f) draw up evaluation reports; and h) apply sanctions and take the measures provided by law in their competence. (Law No. 176 of 1 September 2010 (as of 2024), Arts. 1 (3) and 10)
Enforcement body specified (sanctions, hearings) Yes. Disciplinary commissions shall be set up to analyse the facts notified as disciplinary violations and to propose the disciplinary sanction applicable to civil servants from public authorities or institutions. (Civil Service Regulations of 1999 (as of 2024), Art. 79 (1))

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

201220152016201720202024Trend
Scope and Coverage100100100100100100
Information access and release717171717188
Exceptions and Overrides675050676767
Sanctions for non-compliance0000033
Monitoring and Oversight333333333333

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 2024)
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 2024)

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 2024)
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 2024)
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 2024)
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 2024)
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 2024)

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 2024)
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 2024)
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 2024)

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 2024)
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 2024 Article 13 and Article 14 Methodological Rules of Putting into Force Law No. 544 on Free Access to Information of Public interest, 2002, amended 2024)
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 2024 Article 9 Law No. 544 regarding the free access to information of public interest, 2001, amended 2024)

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 2024 Article 16 Methodological Rules for the Application of Law No. 544 on Freedom of Information, 2002, amended 2024)
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 2024 Article 16 Methodological Rules for the Application of Law No. 544 on Freedom of Information, 2002, amended 2024)
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 2024 Article 16 Methodological Rules for the Application of Law No. 544 on Freedom of Information, 2002, amended 2024)

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)
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)
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 2024 Article 15 and Article 16 Law No. 182 on the protection of classified information, 2002, amended in 2015 Article 5 Law No. 677 for the Protection of Persons concerning the Processing of Personal Data and Free Circulation of Such Data, 2001, amended 2007 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)
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 2024 Article 32 Methodological Rules of Putting into Force Law No. 544 on Free Access to Information of Public interest, 2001, amended 2024)
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. No. Absent from legal framework
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 2024)

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 2024 Article 31 and Article 34 Methodological Rules of Putting into Force Law No. 544 on Free Access to Information of Public interest, 2002, amended 2024 Article 70(3) Law 188/1999 on the Status of Civil Servants, republished Labour Code)
Fines are specified for violations of disclosure requirements No. Absent from legal framework
Criminal sanctions are specified for violations of disclosure requirements No. Absent from legal framework

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 2024 Article 3 (1) Methodological Rules of Putting into Force Law No. 544 on Free Access to Information of Public interest, 2002, amended 2024)
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.
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.
Ombudsman involvement in implementation is specified by law No. Absent from legal framework
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 2024)

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

201220152016201720202024Trend
Scope8282868683
Information availability3333334688
Evaluation7575756981
Open competition6464646164
Institutional arrangements2929292993

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 135,060. The contracting authority may award directly goods contracts with a value below RON 135,060 (~EUR 27,720 at 2020 exchange rate); from 1 January 2024, the EU threshold for goods (central government) is RON 705,819 (~EUR 143,000); between the direct award threshold and the EU threshold, a simplified national procedure applies; above the EU threshold, full EU procedures and OJEU publication are required. (Law No. 98/2016, Art. 7(5); ANAP Notice (January 2024))
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) RON 450,200. The contracting authority may award works contracts directly with a value below RON 450,200 (~EUR 92,400); the EU threshold for works is updated to RON 27,334,460 from 1 January 2024 (previously RON 26,960,556 for 2022-2023). (Law No. 98/2016, Art. 7(5); ANAP Notice (January 2024))
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) RON 135,060. Same structure as goods; direct award threshold RON 135,060; EU service threshold RON 705,819 (central government) or RON 1,087,741 (regional/local authorities) from 1 January 2024; light-touch regime for social services from RON 3,701,850 from 1 January 2024. (Law No. 98/2016, Art. 7(5); ANAP Notice (January 2024))

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) RON 135,060. Classical contracting authorities may apply direct award below RON 135,060 (goods/services) or RON 450,200 (works); between these values and the EU threshold, a simplified procedure applies; above the EU threshold, full EU procedures and OJEU publication are mandatory. (Law No. 98/2016, Art. 7(1)(2)(5); ANAP Notice (January 2024))
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) RON 2,186,559. Sectoral entities follow EU utilities thresholds; the threshold for goods/services is updated to RON 2,186,559 from 1 January 2024 (from RON 2,155,248 in 2022-2023). (Law No. 99/2016, Art. 12(1)(4); ANAP Notice (January 2024))
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) RON 135,060. Where GEO No. 114/2011 does not apply, provisions of Law No. 98/2016 apply to contracts in the defence sector; therefore, the minimum thresholds in the defence sector are those of general procurement; GEO 114/2011 applies its own EU-aligned thresholds for classified defence procurement. (Law No. 99/2016, Art. 37; GEO No. 114/2011; ANAP Notice (January 2024))

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) RON 135,060. Direct award below RON 135,060; simplified procedure between RON 135,060 and RON 705,819; full EU procedures with OJEU above RON 705,819. (Law No. 98/2016, Art. 7(5); ANAP Notice (January 2024))
What are the minimum application thresholds for the procurement type? (Product type WORKS) RON 450,200. Direct award below RON 450,200; simplified procedure between RON 450,200 and RON 27,334,460; full EU procedures with OJEU above RON 27,334,460 from 1 January 2024. (Law No. 98/2016, Art. 7(5); ANAP Notice (January 2024))
What are the minimum application thresholds for the procurement type? (Product type SERVICES) RON 135,060. Same as goods; social services light-touch regime from RON 3,701,850 from 1 January 2024 (slight increase from RON 3,674,742). (Law No. 98/2016, Art. 7(5); ANAP Notice (January 2024))

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. The contracting authority shall ensure through SEAP the direct, complete, unrestricted and free access to the procurement documents from the date of publication of the contract notice; the internet address is specified in the contract notice. (Law No. 98/2016, 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 – SEAP (Electronic System for Public Procurement); above EU thresholds, simultaneous publication in OJEU/TED is also required. (Law No. 98/2016, 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 public procurement file must include at least: the procurement strategy; published notices and proof of transmission; procurement documentation; decisions appointing the evaluation commission; confidentiality and impartiality declarations; opening and evaluation minutes; the award procedure report; appeals and CNSC decisions; the signed contract and addenda; the contract award notice; the file is kept for at least 5 years. (Law No. 98/2016, as amended in 2020, Art. 217; Methodological Norms 2016, 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, Arts. 142 and 145 (2) Methodological Norms of 2 June 2 2016 for the application of Law No. 98 of 2016, as amended, Art. 148 (q))

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? Yes. If the contracting authority so requires, the tenderer must specify the part(s) of the contract it intends to subcontract and the identification data of the draft subcontractors; this information forms part of the public procurement file, which becomes a public document after the conclusion of the contract. (Law No. 98/2016, as amended in 2020, Arts. 55 and 193(3); Methodological Norms 2016, 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. 0%. Regardless of the subcontractors' share of participation, the tenderer must specify the parts of the contract to be subcontracted; no percentage threshold triggers or exempts disclosure. (Law No. 98/2016, as amended in 2020, Arts. 55 and 193(3))

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender? Yes. It is prohibited for technical specifications to refer to a specific origin, source, production, special procedure, trademark, patent, production licence which has the effect of favouring or eliminating certain economic operators or products; exceptionally, a brand name may be indicated if a sufficiently precise description is not possible, accompanied by the words "or equivalent". (Law No. 98/2016, as amended in 2020, Art. 156(2)(3))
Is there a preferential treatment for small-to-medium enterprises (SMEs)? Yes. The contracting authority determines the object of each lot, quantitatively or qualitatively, to better match the capacity of SMEs; as a measure to increase SMEs' access to public procurement procedures, contracting authorities must provide reasons for their decision not to divide the contract into lots. (Law No. 98/2016, 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 principles of public procurement include equal treatment and non-discrimination of economic operators; no preferential treatment for local or national companies is permitted. (Law No. 98/2016, 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 procurement documents binding rules in the fields of environment, social and labour relations; environmental standards may be used as an evaluation aspect for tenders; performances and functional requirements may include environmental characteristics; GEO 52/2024 clarified the use of quality-price criteria for social services; the National Procurement Strategy 2023–Dec. 2024 established mandatory GPP targets for central government authorities. (Law No. 98/2016, as amended in 2020, Arts. 51, 55, 166(1), 187, 191 and 200; National Strategy 2023–Dec. 2024)

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. The contracting authority must exclude any tenderer/candidate who: (1) has been convicted by a final court decision for: participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering, child labour and human trafficking; (2) has not paid social contributions and taxes; (3) violated obligations under Art. 51; (4) is in insolvency or liquidation; (5) is guilty of serious professional misconduct; (6) concluded agreements with other operators distorting competition; (7) is in a conflict of interest; (8) has falsified information; (9) attempted to unlawfully influence the contracting authority's decision-making. (Law No. 98/2016, as amended in 2020, Arts. 164, 165 and 167)
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. No. The contracting authority may reject a bid with an abnormally low price, but not automatically; before rejecting it, the contracting authority must request in writing from the tenderer details and explanations regarding the price; only after evaluating the explanations may the bid be rejected. (Law No. 98/2016, 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 of each evaluation factor to be applied to determine the most economically advantageous tender; relative weights may be expressed by reference to value ranges; GEO 52/2024 clarified that the best quality-price or quality-cost ratio criteria are mandatory only for social services above the threshold provided in Art. 7(1)(d). (Law No. 98/2016, as amended in 2020, Art. 190; GEO No. 52/2024)
Are decisions always made by a committee? Yes. The contracting authority is obliged to designate persons responsible for the evaluation of tenders and, where applicable, of requests to participate, constituted in an evaluation commission; the commission may include co-opted external experts for technical, financial, legal or specific contractual aspects requiring in-depth expertise. (Methodological Norms 2016, Art. 126)
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. Persons directly involved in the evaluation process may not: (i) hold shares of tenderers/candidates; (ii) be married to or have family relations up to the 2nd degree with members of the management board of tenderers; (iii) have a personal, financial, economic or other interest likely to affect their impartiality; tenderers may not nominate among the main persons designated for contract execution persons who are relatives or in commercial relations with decision-makers within the contracting authority; the contracting authority must indicate in procurement documents the names of persons involved in the decision-making process. (Law No. 98/2016, as amended in 2020, Arts. 58–63)
Is some part of evaluation committee mandatorily independent of contracting authority? No. It is the contracting authority itself that takes evaluation decisions; the contracting authority has the right to request an independent opinion on technical, financial or legal aspects, but co-opted experts do not have voting rights when determining the winning offer. (Methodological Norms 2016, Arts. 126 and 128)
Are scoring results publicly available? Yes. The contracting authority is required to draw up the award procedure report for each awarded contract/framework agreement; the interim report and the procedure report are published in SEAP, signed with a qualified electronic signature, on the same day as the transmission of the award communication, without reference to information that the economic operator proves to be confidential or protected by intellectual property rights. (Law No. 98/2016, as amended in 2020, Arts. 145, 215, 216 and 217)
Does the law specify under which conditions the tender can be cancelled? Yes. The contracting authority may cancel the award procedure if: (1) no offer/request to participate has been submitted or no admissible offer has been submitted; (2) admissible offers cannot be compared due to non-uniform technical/financial approaches; (3) legal violations affect the procedure or it is impossible to conclude the contract; (4) CNSC or court orders modification/elimination of specifications and the contracting authority cannot adopt remedial measures; (5) the contract cannot be concluded with the winning tenderer due to force majeure. (Law No. 98/2016, 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. SEAP (Electronic System for Public Procurement) – www.e-licitatie.ro; Official Gazette of Romania; Official Journal of the European Union (above EU thresholds). (Law No. 98/2016, as amended in 2020, Arts. 72, 144 and 147; Methodological Norms 2016, Art. 54)
Does the law specify the location for publicizing restricted calls for tenders? Yes. SEAP, Official Gazette of Romania, OJEU (above EU thresholds). (Law No. 98/2016, as amended in 2020, Arts. 72, 144 and 147; Methodological Norms 2016, Art. 54)
Does the law specify the location for publicizing negotiated calls for tenders? No. This procedure has been eliminated from Romanian legislation; currently, Art. 104 of Law No. 98/2016 regulates only the negotiated procedure without prior publication of a contract notice; GEO 52/2024 clarified the conditions for applying the negotiated procedure without prior publication, in the context of infringement proceedings INFR/2023/2114. (Law No. 98/2016, as amended in 2020, Art. 104; GEO No. 52/2024)

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? 5. The minimum number of candidates for the restricted procedure is 5. (Law No. 98/2016, as amended in 2020, Art. 78(4))
What is the minimum number of bidders for negotiated procedures? 3. The minimum number of candidates for the negotiated procedure is 3. (Law No. 98/2016, as amended in 2020, Art. 82(4))
What is the minimum number of bidders for competitive dialogue procedures? 3. The minimum number of candidates for competitive dialogue is 3. (Law No. 98/2016, as amended in 2020, Art. 88(4))

Bidding period length

What are the minimum number of days for open procedures? 35. 35 days for procurement above EU thresholds; exception: 15 days via SEAP in emergency situations; for the simplified procedure: at least (a) 10 days for services or products; (b) 6 days for low-complexity products; (c) 15 days for works. (Law No. 98/2016, as amended in 2020, Arts. 74(1)(3) and 113(5))
What are the minimum number of days for restricted procedures? 30. 30 days for restricted procedures above EU thresholds; accelerated timelines in urgent cases. (Law No. 98/2016, as amended in 2020, Art. 79(2)(5))
What are the minimum number of days  for competitive negotiated procedures? 30. 30 days for competitive procedures with negotiation above EU thresholds. (Law No. 98/2016, 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. Main exceptions include: (1) contracts in water, energy, transport and postal services sectors (Law 99/2016); (2) electronic communications; (3) contracts subject to international law; (4) certain service contracts: (a) land rental/acquisition; (b) radio/TV broadcasting or production; (c) arbitration; (d) legal services; (e) financial services; (f) employment; (g) R&D; (h) passenger transport; (5) services awarded on the basis of an exclusive right; (6) contracts between public sector entities; (7) procedures specific to international organisations; (8) specific procedures of EU law. (Law No. 98/2016, as amended in 2020, Arts. 26–33)
Does the law specify the main types of institutions that must apply the public procurement law? Yes. Main types of institutions: (a) any public body at central, regional or local level; (b) any body governed by public law with legal personality financed by or subordinated to a contracting authority or whose majority of board members is appointed by a contracting authority; (c) any association formed by contracting authorities; (d) public enterprises; (e) other subjects of law. (Law No. 98/2016, 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. 98/2016, as amended in 2020, Art. 68(1))
Is there a procurement arbitration court dedicated to public procurement cases? Yes. The National Council for Solving Complaints ("Consiliul Național de Soluționare a Contestațiilor"/CNSC) – independent body with administrative-jurisdictional activity, competent to resolve challenges filed in award procedures before contract conclusion; CNSC decisions may be challenged by complaint to the Court of Appeal. (Law No. 101/2016, as amended in 2020, Art. 4(1)(a))
Is there a procurement regulatory body dedicated to public procurement? Yes. The National Public Procurement Agency ("Agenția Națională pentru Achiziții Publice"/ANAP) – dedicated procurement regulatory body; supervises, controls and monitors the public procurement system; issues threshold notices; manages the e-licitatie.ro platform; coordinates the National Procurement Strategy 2023–Dec. 2024. (Law No. 98/2016, as amended in 2020, Arts. 8(3), 233 and 237; GEO No. 13/2015)
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 advisers' profession; the closest provision relates to CNSC members, selected by competition, appointed by the Prime Minister based on professional competence and good reputation, with university studies, at least 9 years' experience in legal, economic or technical fields, and at least 3 years' experience in public procurement. (Methodological Norms 2016, Art. 126(3); Law No. 101/2016, as amended in 2020, Arts. 13, 44 and 45)
Is disclosure of final, beneficial owners required for placing a bid? Yes. The contracting authority has the right to request, and the economic operator has the obligation to communicate, the identification data of the holders/beneficial owners of bearer shares, in case the economic operator is a joint stock company with share capital represented by bearer shares; the legal representative submits a declaration on their own responsibility regarding the holders/beneficial owners of the bearer shares; the contracting authority is obliged to exclude any economic operator organised as a joint stock company with bearer shares who does not prove the identity of the beneficial owners. (Law No. 98/2016, as amended in 2020, Arts. 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 RON 100,000,000; exceptionally, if the award procedure is organised in lots, stamp duties shall relate to the estimated value of each contested lot; the appeal filed against the decision to settle the appeal shall be charged with 50% of the corresponding fee; appeals by contracting authorities are exempt from judicial stamp duty. (Law No. 101/2016, 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 for its conclusion; 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. 101/2016, 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? 20. Both administrative and judicial review proceedings are considered urgent; the CNSC resolves the appeal on the merits within 20 days of receipt of the public procurement file; this period may be extended by 10 days in duly justified cases; where a procedural exception prevents examination on the merits, the deadline is 10 days. (Law No. 101/2016, 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 pronouncement on the Council's website (http://www.cnsc.ro/) and in the Official Gazette, without reference to the identification data of the parties, personal data and information proved to be confidential or protected by intellectual property rights; decisions ordering remedial measures are forwarded electronically, weekly, to ANAP; the decision shall also be published by the contracting authority in SEAP within 5 days of receipt. (Law No. 101/2016, as amended in 2020, Art. 27)

Legislation

Government Emergency Ordinance No. 114/2011 on the award of certain public procurement contracts in the fields of defence and security (Romanian)pdf
Government Emergency Ordinance No. 13/2015 on the establishment, organisation and functioning of the National Agency for Public Procurement (Romanian)pdf
Government Emergency Ordinance No. 52/2024 amending and supplementing public procurement legislation (Romanian)pdf
Law No. 101/2016 on remedies and appeals in relation to the award of public procurement contracts, sectoral contracts and concession contracts (Romanian)pdf
Law No. 98/2016 on public procurement (Romanian)pdf
Law No. 99/2016 on sectoral procurement (Romanian)pdf
Government Decision No. 394/2016 approving the Methodological Norms for the application of Law No. 98/2016 on public procurementmissing file:

*Last update: 2017

Anti Money Laundering

Quantitative Data

Primary Metric

201220152016201720202024Trend
Risk-based approach100
Sanctions for natural persons100
Sanctions for legal persons50
Pecuniary sanctions for obliged entities80
Beneficial ownership of legal persons and legal arrangements29
Supervision of obliged entities100
Financial Intelligence Units (FIUs)83
Mutual legal assistance (MLA) and International Cooperation100

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 ()

Country score

Risk-based approach

Each Member State shall be legally required to prepare a national risk assessment that outlines appropriate steps to identify, assess, understand and mitigate the risks of money laundering and terrorist financing affecting it. Yes. Romanian law requires a national money-laundering and terrorist-financing risk assessment and sets the elements of the risk-based approach at national level. (Law No. 129/2019 on preventing and combating money laundering and terrorist financing, Art. 1(3), (5))
Member states shall be legally required to keep the national risk assessment up to date and review it at least every 4 years. Yes. The national and sectoral risk assessments must be updated at least once every four years. (Law No. 129/2019 on preventing and combating money laundering and terrorist financing, Art. 1(6))
Member states should legally designate an authority or mechanism to co-ordinate actions to assess risks. Yes. The National Office for Prevention and Control of Money Laundering is designated to coordinate the national risk assessment and the national response to assessed risks. (Law No. 129/2019 on preventing and combating money laundering and terrorist financing, Art. 1(3))

Sanctions for natural persons

The following conduct, when committed intentionally, is punishable as a criminal offence: the conversion or transfer of property, knowing that such property is derived from criminal activity, for the purpose of concealing or disguising the illicit origin of the property or of assisting any person who is involved in the commission of such an activity to evade the legal consequences of that person’s action; Yes. Conversion or transfer of property derived from offences, for concealment or to assist the offender, is expressly criminalized. (Law No. 129/2019 on preventing and combating money laundering and terrorist financing, Art. 49(1)(a))
The following conduct, when committed intentionally, is punishable as a criminal offence: the concealment or disguise of the true nature, source, location, disposition, movement, rights with respect to, or ownership of, property, knowing that such property is derived from criminal activity; Yes. Concealment or disguise of the true nature, source, location, disposition, movement or ownership of property derived from offences is expressly criminalized. (Law No. 129/2019 on preventing and combating money laundering and terrorist financing, Art. 49(1)(b))
The following conduct, when committed intentionally, is punishable as a criminal offence: the acquisition, possession or use of property, knowing at the time of receipt, that such property was derived from criminal activity. Yes. Acquisition, possession or use of property derived from offences is expressly criminalized for a person other than the predicate offender. (Law No. 129/2019 on preventing and combating money laundering and terrorist financing, Art. 49(1)(c))
Aiding and abetting, inciting and attempting a money laundering offence is punishable as a criminal offence. Yes. Attempt is expressly punishable for money laundering, and the Penal Code criminalizes perpetration, instigation and complicity. (Law No. 129/2019 on preventing and combating money laundering and terrorist financing, Art. 49(2); Law No. 286/2009 regarding the Criminal Code, Art. 32, 46-48)
Money laundering offences are punishable by a maximum term of imprisonment of at least four years. Yes. Money laundering is punishable by imprisonment from 3 to 10 years, exceeding the four-year minimum benchmark. (Law No. 129/2019 on preventing and combating money laundering and terrorist financing, Art. 49(1))
A prior or simultaneous conviction for the criminal activity from which the property was derived is not a prerequisite for a conviction for money laundering offences Yes. Article 49 defines money laundering by reference to property originating in crimes and allows the requisite knowledge or purpose to be inferred from objective factual circumstances, so a prior or simultaneous predicate-offence conviction is not required in substance. (Law No. 129/2019 on preventing and combating money laundering and terrorist financing, Art. 49(1), (4), (5))
A conviction for money laundering offences is possible where it is established that the property was derived from a criminal activity, without it being necessary to establish all the factual elements or all circumstances relating to that criminal activity, including the identity of the perpetrator; Yes. Romanian law allows the illicit origin of the property and the offender’s knowledge or purpose to be established from objective factual circumstances. In substance, that permits a money-laundering conviction without proving all details of the predicate offence or identifying the predicate offender. (Law No. 129/2019 on preventing and combating money laundering and terrorist financing, Art. 49(1), (4), (5))

Sanctions for legal persons

Legal persons can be held liable for the breaches of Regulation (EU) 2024/1624 or Regulation (EU) 2023/1113 committed on their behalf or for their benefit by any person, acting individually or as part of a body of that legal person and having a leading position within that legal person, based on any of the following: a power to represent the legal person; an authority to take decisions on behalf of the legal person; an authority to exercise control within the legal person. No. Romanian law provides liability and sanctions for breaches of Law No. 129/2019, but it does not expressly establish legal-person liability for breaches of Regulation (EU) 2024/1624 or Regulation (EU) 2023/1113 by leading persons. (Law No. 129/2019 on preventing and combating money laundering and terrorist financing, Art. 42-46)
Legal persons can be held liable where the lack of supervision or control has made possible the commission of any money laundering offences for the benefit of that legal person by a person under its authority. No. The Criminal Code establishes corporate criminal liability, but it does not expressly provide liability based on lack of supervision or control making possible a money-laundering offence by a person under the entity’s authority. (Law No. 286/2009 regarding the Criminal Code, Art. 135)
Legal persons held liable are punishable by criminal or non-criminal fines. Yes. Legal persons may be punished by criminal fines for money laundering and by administrative fines for breaches of the AML law. (Law No. 129/2019 on preventing and combating money laundering and terrorist financing, Art. 43(3), 49(3); Law No. 286/2009 regarding the Criminal Code, Art. 136-137)
Legal persons held liable are punishable by other sanctions, such as: exclusion from entitlement to public benefits or aid; temporary or permanent exclusion from access to public funding, including tender procedures, grants and concessions; temporary or permanent disqualification from the practice of commercial activities; placing under judicial supervision; a judicial winding-up order; temporary or permanent closure of establishments which have been used for committing the offence. Yes. Legal persons may be subject to complementary sanctions including dissolution, suspension of activity, closure of establishments, exclusion from public procurement, judicial supervision and publication of the conviction. (Law No. 286/2009 regarding the Criminal Code, Art. 136(3), 139-145; Law No. 129/2019 on preventing and combating money laundering and terrorist financing, Art. 49(3))

Pecuniary sanctions for obliged entities

In the event of a breach of Regulations (EU) 2024/1624 and (EU) 2023/1113, where obligations apply to legal persons, pecuniary sanctions can be imposed and administrative measures can be applied not only to the legal person, but also to the senior management and to other natural persons who under national law are responsible for the breach. Yes. Breaches of the Romanian AML framework can be sanctioned against the legal person and also against members of the governing body and other natural persons responsible for the breach. Under the agreed methodology, sanctions under national AML law implementing EU rules are sufficient. (Law No. 129/2019 on preventing and combating money laundering and terrorist financing, Art. 43(3); Art. 27(7)-(10))
Pecuniary sanctions shall be imposed on obliged entities for serious, repeated or systematic breaches, whether committed intentionally or negligently, of the requirements laid down in the following provisions of Regulation (EU) 2024/1624: Chapter II (Internal policies, procedures and controls of obliged entities); Chapter III (Customer due diligence); Chapter V (Reporting obligations); Article 77 (Record retention). Yes. Romanian law provides pecuniary sanctions for serious, repeated or systematic breaches of AML obligations under the national implementing framework. Read substantively, and together with the general contraventional regime, this is sufficient even though the law does not mirror the wording of Regulation (EU) 2024/1624. (Law No. 129/2019 on preventing and combating money laundering and terrorist financing, Art. 43(1), (5); Art. 27(7)(c))
Supervisors are able to apply administrative measures to an obliged entity, where they identify: breaches of Regulation (EU) 2024/1624 or Regulation (EU) 2023/1113, either in combination with pecuniary sanctions for serious, repeated and systematic breaches, or on their own; weaknesses in the internal policies, procedures and controls of the obliged entity that are likely to result in breaches of the requirements; that the obliged entity has internal policies, procedures and controls that are not commensurate with the risks of money laundering, its predicate offences or terrorist financing to which the entity is exposed. Yes. Supervisors may impose administrative measures and remedial actions for breaches of AML obligations and for weaknesses or inadequacies in internal controls. Under the agreed methodology, this substantively satisfies the indicator even without express cross-reference to Regulations (EU) 2024/1624 and 2023/1113. (Law No. 129/2019 on preventing and combating money laundering and terrorist financing, Art. 26(5); Art. 27(5)-(10); Art. 44)
Where obliged entities fail to comply with administrative measures applied by the supervisor within the applicable deadlines, supervisors are able to impose periodic penalty payments in order to compel compliance with those administrative measures. No. Romanian law requires compliance with supervisory measures within the set deadline and allows sanctions for non-compliance, but it does not expressly provide periodic penalty payments to compel compliance. (Law No. 129/2019 on preventing and combating money laundering and terrorist financing, Art. 26(5), 27(7)(a))
Supervisors are required to publish on their website, in an accessible format, decisions imposing pecuniary sanctions, applying administrative measures or imposing periodic penalty payments. Yes. Competent authorities must publish final decisions imposing administrative measures or sanctions on their official websites, subject to the statutory exceptions. (Law No. 129/2019 on preventing and combating money laundering and terrorist financing, Art. 46(1)-(3))

Beneficial ownership of legal persons and legal arrangements

Beneficial ownership information must be held in a central register in the Member State where the legal entity is created or where the trustee of an express trust or person holding an equivalent position in a similar legal arrangement is established or resides, or from where the legal arrangement is administered. Yes. Romanian law requires beneficial ownership information to be recorded in central registers kept by ONRC, the Ministry of Justice and ANAF for the relevant legal entities and legal arrangements. (Legea nr. 129/2019 pentru prevenirea și combaterea spălării banilor și finanțării terorismului, art. 19 alin. (5) lit. a)-c), alin. (5^1))
Member States shall ensure that the entities in charge of the central registers are empowered to request from legal entities, trustees of any express trust and persons holding an equivalent position in a similar legal arrangement, and their legal and beneficial owners, any information necessary to identify and verify their beneficial owners, including resolutions of the board of directors and minutes of their meetings, partnership agreements, trust deeds, power of attorney or other contractual agreements and documentation. No. Romanian law requires legal entities and beneficial owners to hold and provide beneficial ownership information, but it does not expressly empower the register authorities to require the full range of underlying documents listed in the indicator. (Legea nr. 129/2019 pentru prevenirea și combaterea spălării banilor și finanțării terorismului, art. 19 alin. (1), alin. (1^1) și alin. (7))
Where no person is identified as the beneficial owner, the central register shall include: (a) a statement that there is no beneficial owner or that the beneficial owners could not be determined, accompanied by a corresponding justification (b) the details of all natural persons who hold the position of senior managing officials in the legal entity equivalent to the following information: all names and surnames, place and full date of birth, residential address, country of residence and nationality or nationalities of the beneficial owner, number of identity document, such as passport or national identity document, and, where it exists, unique personal identification number assigned to the person by his or her country of usual residence, and general description of the source of such number No. Romanian AML law uses senior managing officials as a fallback beneficial owner criterion, but it does not expressly require the central register to include a statement that no beneficial owner was identified or could be determined, with justification and the full set of details listed in the indicator. (Legea nr. 129/2019 pentru prevenirea și combaterea spălării banilor și finanțării terorismului, art. 4 alin. (2) lit. a) pct. 2 și art. 56 alin. (4))
Entities in charge of the central registers are required to verify, within a reasonable time upon submission of the beneficial ownership information, and on a regular basis thereafter, that such information is adequate, accurate and up to date. Yes. Romanian law and implementing rules require beneficial ownership information to be adequate, correct and up to date, require verification by the register authorities, and impose concrete updating/annual filing rules. Under the agreed methodology, those concrete timing and verification rules are enough. (Law No. 129/2019 on preventing and combating money laundering and terrorist financing, Art. 19(7); Art. 56(4); Order of the Minister of Justice No. 887/C/2023, Annex, Art. 2)
Competent authorities, if appropriate and to the extent that such requirement does not interfere unnecessarily with their functions, are required to report to the entities in charge of the central registers any discrepancies they find between information available in the central registers and the information available to them. Yes. Authorities that have access to the beneficial ownership registers must inform the Office and the register authorities of discrepancies between central register information and the information they hold. (Legea nr. 129/2019 pentru prevenirea și combaterea spălării banilor și finanțării terorismului, art. 19 alin. (7))
The information contained in the central registers must include any change to the beneficial ownership of legal entities and legal arrangements and to nominee arrangements, following their first recording in the central register. No. Romanian law requires companies and associations/foundations to update beneficial ownership data after changes, but it does not expressly require the central register to include every change after first registration and does not expressly address nominee arrangements. (Legea nr. 129/2019 pentru prevenirea și combaterea spălării banilor și finanțării terorismului, art. 56 alin. (3), art. 34^4 alin. (1) și (4))
The entity in charge of the central register is empowered, whether directly or by application to another authority, including judicial authorities, to carry out checks, including on-site inspections at the business premises or registered office of legal entities, in order to establish the current beneficial ownership of the entity and to verify that the information submitted to the central register is accurate, adequate and up-to-date. No. Absent from legal framework
Where verification leads an entity in charge of a central register to conclude that there are inconsistencies or errors in the beneficial ownership information, the entity in charge of a central register is able to withhold or refuse to issue a valid certificate of proof of registration, or to suspend the validity of an existing certification of proof of registration. No. Absent from legal framework
The entity in charge of the central register is empowered to, whether directly or by application to another authority, including judicial authorities, apply effective, proportionate and dissuasive measures or impose such pecuniary sanctions for failures, including of a repeated nature, to provide the central register with accurate, adequate and up-to-date information about their beneficial ownership. No. Romanian law provides sanctions for failures to file or update beneficial ownership information for companies and associations/foundations, but it does not clearly empower the register authority itself, directly or through another authority, to impose the full measures described across legal entities and legal arrangements. (Legea nr. 129/2019 pentru prevenirea și combaterea spălării banilor și finanțării terorismului, art. 57 și art. 34^5)
Competent authorities have immediate, unfiltered, direct and free access to the information held in the interconnected central registers without alerting the legal entity or legal arrangement concerned. These competent authorities include: self-regulatory bodies in the performance of supervisory functions of AML rules; tax authorities; national authorities with designated responsibilities for the implementation of Union restrictive measures; AMLA for the purposes of joint analyses; EPPO; OLAF; Europol and Eurojust when providing operational support to the competent authorities of Member States. No. Romanian law gives timely, unrestricted and non-alerting access to supervisory authorities, judicial bodies and the Office, but it does not expressly grant the full category of authorities listed in the indicator immediate, unfiltered, direct and free access. (Legea nr. 129/2019 pentru prevenirea și combaterea spălării banilor și finanțării terorismului, art. 19 alin. (8) lit. a) și alin. (8^1) lit. a))
Beneficial ownership information held in central registers may be made available to obliged entities upon payment of a fee, which shall be limited to what is strictly necessary to cover the costs of ensuring the quality of the information held in the central registers and of making the information available. Those fees shall be established in such a way as not to undermine effective access to the information held in the central registers. Yes. Reporting entities have access to the beneficial ownership register for customer due diligence free of charge, which is more favorable than a capped-fee system and therefore satisfies the indicator in substance. (Law No. 129/2019 on preventing and combating money laundering and terrorist financing, Art. 19(8)(b), (8^1)(b), (10))
Any natural or legal person that can demonstrate a legitimate interest in the prevention and combating of money laundering, its predicate offences and terrorist financing has access to the following information on beneficial owners of legal entities and legal arrangements held in the interconnected central registers, without alerting the legal entity or legal arrangement concerned: the name of the beneficial owner; the month and year of birth of the beneficial owner; the country of residence and nationality or nationalities of the beneficial owner; for beneficial owners of legal entities, the nature and extent of the beneficial interest held; for beneficial owners of express trusts or similar legal arrangements, the nature of the beneficial interest. Yes. Any person or organisation that can demonstrate a legitimate interest has access, without alerting the person concerned, to the listed beneficial ownership data. (Legea nr. 129/2019 pentru prevenirea și combaterea spălării banilor și finanțării terorismului, art. 19 alin. (8) lit. c), alin. (8^1) lit. c) și alin. (9))
The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: persons acting for the purpose of journalism, reporting or any other form of expression in the media, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing; No. Romanian law requires a legitimate interest to be demonstrated, but it does not deem journalists or persons acting for reporting or media expression to have a legitimate interest as a matter of law. (Legea nr. 129/2019 pentru prevenirea și combaterea spălării banilor și finanțării terorismului, art. 19 alin. (8) lit. c) și alin. (8^1) lit. c))
The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: civil society organisations, including non-governmental organisations and academia, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing; No. Romanian law requires a legitimate interest to be demonstrated, but it does not deem civil society organisations or academia to have a legitimate interest as a matter of law. (Legea nr. 129/2019 pentru prevenirea și combaterea spălării banilor și finanțării terorismului, art. 19 alin. (8) lit. c) și alin. (8^1) lit. c))
The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: natural or legal persons likely to enter into a transaction with a legal entity or legal arrangement and who wish to prevent any link between such a transaction and money laundering, its predicate offences or terrorist financing; No. Romanian law requires a legitimate interest to be demonstrated, but it does not deem prospective transaction counterparties to have a legitimate interest as a matter of law. (Legea nr. 129/2019 pentru prevenirea și combaterea spălării banilor și finanțării terorismului, art. 19 alin. (8) lit. c) și alin. (8^1) lit. c))
The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: Member States’ public authorities in the context of public procurement procedures, in respect of the tenderers and operators being awarded the contract under the public procurement procedure; No. Romanian law requires a legitimate interest to be demonstrated, but it does not deem public authorities conducting public procurement procedures to have a legitimate interest as a matter of law. (Legea nr. 129/2019 pentru prevenirea și combaterea spălării banilor și finanțării terorismului, art. 19 alin. (8) lit. c) și alin. (8^1) lit. c))
Member States shall ensure that the information provided by central registers does not lead to the identification of any person consulting the register where such persons are: persons acting for the purpose of journalism, reporting or any other form of expression in the media, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing; No. Absent from legal framework
Member States shall ensure that the information provided by central registers does not lead to the identification of any person consulting the register where such persons are: civil society organisations that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing. No. Absent from legal framework
Where entities in charge of central registers decide to grant access to beneficial ownership information, they shall issue a certificate granting access for 3 years. Entities in charge of central registers shall respond to any subsequent request to access beneficial ownership information by the same person within 7 working days. No. Romanian law regulates online registration and access procedures, but it does not expressly require a 3-year access certificate or a 7-working-day deadline for subsequent access requests. (Legea nr. 129/2019 pentru prevenirea și combaterea spălării banilor și finanțării terorismului, art. 19 alin. (8^2); Ordinul ministrului justiției nr. 7.323/C/2020, art. 1-4; Procedura din 27.12.2022, art. 8)
Member States shall ensure that entities in charge of central registers shall only refuse a request to access beneficial ownership information on one of the following grounds: the applicant has not provided the necessary information or documents pursuant to paragraph 1; a legitimate interest to access beneficial ownership information has not been demonstrated; where on the basis of information in its possession, the entity in charge of the central register has a reasonable concern that the information will not be used for the purposes for which it was requested or that the information will be used for purposes that are not connected to the prevention of money laundering, its predicate offences or terrorist financing; one or more of the situations referred to in Article 15 applies; the legitimate interest to access beneficial ownership information granted by the central register of another Member State does not extend to the purposes for which the information is sought; where the applicant is in a third country and responding to the request to access information would not comply with the provisions of Chapter V of Regulation (EU) 2016/679. Yes. The Romanian framework requires a requester in the legitimate-interest category to demonstrate that interest and comply with the access procedure. Since at least one operative condition can function as a ground for refusal, the indicator is satisfied under the agreed methodology. (Law No. 129/2019 on preventing and combating money laundering and terrorist financing, Art. 19(8)(c), (8^1)(c), (8^2); Order of the Minister of Justice No. 7,323/C/2020, Art. 2-4)
In exceptional circumstances to be laid down in national law, where the access to beneficial ownership information would expose the beneficial owner to disproportionate risk of fraud, kidnapping, blackmail, extortion, harassment, violence or intimidation, or where the beneficial owner is a minor or otherwise legally incapable, Member States shall provide for an exemption from such access to all or part of the personal information on the beneficial owner. Member States shall ensure that such exemptions are granted on a case-by-case basis upon a detailed evaluation of the exceptional nature of the circumstances and confirmation that those disproportionate risks exist. The right to an administrative review of the decision granting an exemption and the right to an effective judicial remedy shall be guaranteed. No. Absent from legal framework

Supervision of obliged entities

Each Member State shall ensure that all obliged entities established in its territory are subject to adequate and effective supervision. To that end, each Member State shall appoint one or more supervisors to monitor effectively, and to take the measures necessary to ensure compliance by the obliged entities with Regulations (EU) 2024/1624 and (EU) 2023/1113. Yes. Law No. 129/2019 assigns AML/CFT supervision and control of reporting entities to designated authorities and self-regulatory bodies. The law expressly allocates supervisory competence across sectors and to the Office for entities not supervised elsewhere. (Law No. 129/2019, Art. 26(1), (6)-(7))

Financial Intelligence Units (FIUs)

Each Member State shall establish an FIU in order to prevent, detect and effectively combat money laundering and terrorist financing. Yes. Romania establishes the National Office for Prevention and Control of Money Laundering as its financial intelligence unit. The FIU is part of the national AML/CFT framework created by Law No. 129/2019. (Law No. 129/2019, Art. 1(2); Art. 39(1))
The FIU as the central national unit shall be responsible for receiving and analysing suspicious transaction reports and other information relevant to money laundering, associated predicate offences or terrorist financing. Yes. The FIU is the central national unit for receiving and analysing suspicious transaction reports and other relevant information. Its statutory functions include receipt, collection and analysis of such information. (Law No. 129/2019, Art. 39(2)-(4), especially Art. 39(3)(a), (d))
The FIU shall be responsible for disseminating the results of its analyses and any additional relevant information to the competent authorities where there are grounds to suspect money laundering, associated predicate offences or terrorist financing. Yes. The FIU must disseminate the results of its analyses and other relevant information to competent authorities. The law expressly assigns dissemination as a core function of the Office. (Law No. 129/2019, Art. 39(3)(f))
The FIU shall be operationally independent and autonomous, which means that the FIU shall have the authority and capacity to carry out its functions freely, including the ability to take autonomous decisions to analyse, request and disseminate specific information. It shall be free from any undue political, government or industry influence or interference. No. The law states that the FIU is independent and operationally and functionally autonomous, but it is also placed under the Government and coordinated by the Prime Minister. The text does not clearly and expressly state freedom from undue political, government or industry influence in the full terms of the indicator. (Law No. 129/2019, Art. 39(1))
The FIU, regardless of their organisational status, is authorised to have access to the information that they require to fulfil their tasks, including financial, administrative and law enforcement information. Yes. The FIU may request the data and information necessary to perform its tasks, including classified information, and has direct timely access to financial, fiscal, administrative and law-enforcement information. These provisions directly authorize access needed for its functions. (Law No. 129/2019, Art. 39(3)(c); Art. 39(5))
FIUs are empowered to take urgent action, directly or indirectly, where there is a suspicion that a transaction is related to money laundering or terrorist financing, to suspend or withhold consent to that transaction. Yes. The FIU may suspend transactions connected to suspected money laundering or terrorist financing and may revoke the suspension under the law. This is an express urgent-action power over suspicious transactions. (Law No. 129/2019, Art. 39(3)(e))

Mutual legal assistance (MLA) and International Cooperation

Member States shall ensure that the FIU to whom the request is made is legally required to use the whole range of its available powers which it would normally use domestically for receiving and analysing information when it replies to a request for information from another FIU. Yes. When responding to requests from other FIUs, the FIU must exercise all powers established by law for receiving and analysing information. The rule is stated expressly for replies made in a timely manner. (Law No. 129/2019, Art. 36(5))
Member States shall ensure that FIUs are legally required to exchange, spontaneously or upon request, any information that may be relevant for the processing or analysis of information by the FIU related to money laundering, its predicate offences, or terrorist financing, and the natural or legal person involved, regardless of the type of predicate offences that may be involved, and even if the type of predicate offences that may be involved is not identified at the time of the exchange. Yes. The FIU may exchange information spontaneously or on request with counterpart FIUs and other competent foreign authorities for AML/CFT purposes. The law expressly states that exchange occurs regardless of the type of predicate offence and even where that type is not yet identified. (Law No. 129/2019, Art. 36(1)-(2))

Legislation

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

*Last update: 2017

Asset Recovery

Quantitative Data

Primary Metric

201220152016201720202024Trend
Asset Offices100
Confiscation78
International cooperation75

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 ()

Country score

Asset Offices

Each Member State shall legally designate at least one asset recovery office to facilitate cross-border cooperation in relation to asset-tracing investigations and to conduct asset recovery functions in both criminal matters and civil or administrative matters. Yes. Romania has a National Agency for the Management of Seized Assets (ANABI), established by law as both the national asset recovery office and asset management office, acting as contact point for tracing, identification and management of criminal assets, (Law No. 318/2015 on the establishment, organisation and functioning of the National Agency for the Management of Seized Assets, Articles 1–3.)
Each Member State shall legally designate at least one competent authority to function as an asset management office for the purpose of the management of frozen and confiscated property until the disposal of that property further to a final confiscation order. Yes. ANABI is legally mandated to take over, administer, evaluate and dispose of seized and confiscated assets, (Law No. 318/2015, Articles 4–13 (functions regarding management, evaluation and disposal of seized and confiscated assets).)

Confiscation

Member States shall take the necessary measures to enable the freezing of property necessary to ensure a possible confiscation of that property. The freezing measures shall consist of freezing orders and immediate action. (Freezing measures) Yes. The Criminal Procedure Code regulates precautionary measures (seizure, mortgage registration and attachment) that may be ordered by the prosecutor, preliminary chamber judge or court to ensure confiscation, (Criminal Procedure Code, Articles 249–256 (precautionary measures – seizure, mortgage notation and attachment; purpose, conditions and competence).)
Member States shall take the necessary measures to enable the confiscation, either wholly or in part, of instrumentalities and proceeds stemming from a criminal offence subject to a final conviction, which may also result from proceedings in absentia. (Conviction based confiscation) Yes. The Criminal Code provides for special confiscation of goods produced by or used in the commission of an offence, and of goods obtained by committing the offence, (Criminal Code, Article 112 (special confiscation).)
Member States shall take the necessary measures to enable the confiscation of property the value of which corresponds to instrumentalities or proceeds stemming from a criminal offence subject to a final conviction, which may also result from proceedings in absentia. (Confiscation of equivalent value) Yes. When the goods subject to special confiscation cannot be seized, (Criminal Code, Article 112(6) (confiscation of goods up to the equivalent value where the goods subject to confiscation cannot be seized).)
Member States shall take the necessary measures to enable the confiscation of proceeds, or other property the value of which corresponds to proceeds, which, directly or indirectly, were transferred by a suspected or accused person to third parties, or which were acquired by third parties from a suspected or accused person. (Third-party confiscation) Yes. Special confiscation applies also to goods transferred to third parties if they knew or should have known, given the circumstances, (Criminal Code, Article 112(3)–(4) (confiscation of goods transferred to or acquired by third parties with knowledge of criminal origin or purpose).)
Member States shall take the necessary measures to enable the confiscation, either wholly or in part, of property belonging to a person convicted of a criminal offence where the offence committed is liable to give rise, directly or indirectly, to economic benefit, and where a national court is satisfied that the property is derived from criminal conduct. (Extended confiscation) Yes. Extended confiscation allows confiscation of assets other than those directly linked to the offence when a person is convicted for an offence likely to generate material benefit and punishable by at least 4 years’ imprisonment, (Criminal Code, Article 112ą (extended confiscation).)
Member States shall take the necessary measures to enable the confiscation of instrumentalities, proceeds or property, or proceeds or property transferred to third parties, where criminal proceedings have been initiated but could not be continued because of illness, absconding, or death of the accused or the limitation period of the offence is below 15 years and has expired. (Non-conviction based confiscation) No. Romanian law links special and extended confiscation to criminal proceedings and conviction, and by 31.12.2024 there was no general non‑conviction based confiscation regime covering all the situations listed in Article 15 of Directive (EU) 2024/1260. (Criminal Code, Articles 112–112²; Criminal Procedure Code, Articles 249–256 (no general NCBC procedure).)
Confiscation without a prior conviction shall be limited to cases where, in the absence of the circumstances above, it would have been possible for the relevant criminal proceedings to lead to a criminal conviction for, at least, offences liable to give rise, directly or indirectly, to substantial economic benefit, and where the national court is satisfied that the instrumentalities, proceeds or property to be confiscated are derived from, or directly or indirectly linked to, the criminal offence in question. (Non-conviction based confiscation) No. Apart from narrow cases where goods are inherently dangerous or prohibited, Romanian law does not provide a broad confiscation‑only procedure without conviction corresponding to Article 15 of Directive (EU) 2024/1260. (Criminal Code, Article 112(1)(c)–(d) (confiscation of goods whose possession is prohibited or which are dangerous); no general confiscation‑only)
Member States shall take the necessary measures to enable the confiscation of property identified in the context of an investigation in relation to a criminal offence, provided that a national court is satisfied that the identified property is (i) derived from criminal conduct committed within the framework of a criminal organisation and (ii) that conduct is liable to give rise, directly or indirectly, to substantial economic benefit. A ‘criminal offence’ in this case is punishable by deprivation of liberty of a maximum of at least four years. (Confiscation of unexplained wealth) Yes. After the amendments by Law No. 228/2020, extended confiscation may be applied to any offence likely to generate material benefit and punishable by at least 4 years, including offences committed in an organised crime context, (Criminal Code, Article 112ą (extended confiscation as amended by Law No. 228/2020).)
Member States are legally required to adopt a national strategy on asset recovery and update it at regular intervals of no longer than five years. (Deadline of 24 May 2027) Yes. Romania has adopted a National Asset Recovery Strategy for 2021–2025, coordinated by ANABI and involving multiple institutions, although the obligation to update it every five years stems from policy, (Government Decision approving the National Asset Recovery Strategy 2021–2025; ANABI National Asset Recovery Strategy 2021–2025.)

International cooperation

To facilitate cross-border cooperation, Member States shall legally require measures to enable the swift tracing and identification of instrumentalities and proceeds, or of property which is, or might become, the object of a freezing or confiscation order in the course of proceedings in criminal matters. Yes. The Criminal Procedure Code allows precautionary measures over assets, and ANABI acts as central authority for asset tracing and management at the request of foreign authorities, under EU and Council of Europe (Criminal Procedure Code, Articles 249–256; Law No. 318/2015, Articles 1–3 (functions of ANABI in international asset tracing and management).)
Member States shall legally require the necessary measures to ensure that their asset recovery offices provide, upon request from an asset recovery office in another Member State, any information that those asset recovery offices have access to, and that is necessary for the performance of the tasks of the asset recovery office requesting that information Yes. ANABI (Law No. 318/2015, Articles 2–3 (ANABI’s role as asset recovery and asset management office, including international cooperation and information exchange).)
Member States may legally allow for cost-sharing agreements with other Member States on the execution of freezing and confiscation orders. No. Romanian legislation implementing EU and Council of Europe instruments on mutual recognition and confiscation does not yet contain a specific provision on cost‑sharing (No explicit cost‑sharing provision identified in Criminal Procedure Code, Law No. 318/2015)
Countries should be able to share confiscated property with other countries, in particular when confiscation is directly or indirectly a result of co-ordinated law enforcement actions Yes. Romania may share confiscated assets with other states under Council of Europe confiscation conventions and EU (Implementation of Council of Europe Conventions on confiscation (ETS No. 141; CETS No. 198) and EU)

Legislation

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

*Last update: 2017