Preliminary assessment of the second payment request of Romania

police officer, a gendarme or other law enforcement agents during the seizing of an asset (Article 18bis); (ii) share data and information in its possession with relevant authorities in Romania or other Member States of the European Union (ex officio or at the request of the National Fiscal Agency or other international authorities) to facilitate the tracing and identification of assets involved in a judicial proceeding (Article 22(2)); (iii) request free technical and logistical support for managing seized assets whose management requires particular care from authorities, public institutions and publicly owned entities, both at central and local level with adequate expertise (Article 28(5)); and (iv) benefit from the National Mechanism to Support Crime Prevention, which the law establishes, to support the administrative capacity and that of other institutions empowered to identify, manage and value seized assets on behalf of ANABI.

Commission Preliminary Assessment: Satisfactorily fulfilled

Number: 430       Related Measure: Stepping up the fight against corruption
Name of the Milestone: Entry into force of the law on whistleblowers’ protection
Qualitative Indicator: Provision in the law indicating entry into force of the
                                                                               Time: Q1 2022
law
Context:

Milestone #430 is part of Reform C14.R6 whose objective is to strengthen the fight against corruption. The measure comprises several elements such as developing a strategic framework, strengthening responsible institutions and amending related laws.

Milestone #430 requires the entry into force of the law on whistleblowers' protection, transposing Directive (EU) 2019/1937.

Milestone #430 is the second milestone of the measure, and it follows the completion of milestone #426 related to the entry into force of the legislative act approving new National Anti-Corruption Strategy. It is followed by target #429 (Occupation rate of 85% of National Anti-Corruption Directorate prosecutor positions attained) and the targets #427 (a 50% increase of the value of seized assets managed by the National Agency for the Management of Seized Assets) and #428 (Completion of at least 70% of the measures foreseen in the new anti-corruption strategy). The reform has a final expected date for implementation in Q4 2025.

Evidence provided:

In line with the verification mechanism set out in the Operational Arrangements, the following evidence was provided:

  i)   Cover note with explanatory note demonstrating how the Law for the protection of
       Whistle-blowers transposes the Directive (EU) 2019/1937;
  ii)  Law No. 361/2022 on the protection of the whistle-blowers in the public interest, published
       in the Official Journal No. 1218 on 19 December 2022, hereinafter referred to as “the Law”;
 iii)  Law No. 67/2023, published in the Official Journal No. 257 on 28 March 2023, on the
       modification of Art. 6(2) of Law No. 361/2022 on the protection of whistle-blowers in the
       public interest.
The authorities also provided:

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