Justice and Home Affaire
This material is originaly published at InfoEuropa
ROMANIA’S POSITION PAPER
CHAPTER 24 – JUSTICE AND HOME AFFAIRS
ACCEPTANCE OF THE ACQUIS COMMUNAUTAIRE
Romania fully accepts the acquis communautaire in force on 31 December 2000, does not request any transition periods or derogations, and will be able to fully implement the acquis by the date of its accession to the European Union.
Romania is ready to further examine the development of the acquis in the field of Justice and Home Affairs and to systematically inform the Accession Conference or the Association Council on the legislation and implementation measures that have been adopted for the application of the new acquis in the field of justice and home affairs or, if needed, about the difficulties that might arise in implementing the new acquis.
Concerning this chapter, Romania refers to the data supplied during the screening process and agrees to their transmission to the Member States of the European Union.
Romania unilaterally assumed the date of 1 January 2007 as a working hypothesis for the conclusion of the preparations necessary for the accession to the European Union.
The new legislation and procedures in force are fully in line with the EU acquis concerning the asylum, except for the Dublin Convention and its implementing resolutions.
By Law No. 46/1991 Romania joined the Geneva Convention of 28 July 1951 and the New York Protocol of 31 January 1967 on refugees’ status.
According to the Constitution of Romania, adopted in 1991, asylum is granted and withdrawn according to the provisions of the special law, while observing the international treaties and conventions to which Romania is part.
The national legal act that regulates asylum is Government Ordinance (GO) No 102/2000 concerning the status and regime of the refugees, which entered into force on 1 November 2000, and was passed by Law No 323/2001, with some amendments. The legislative framework guarantees the asylum seekers the access to procedures and, if the case be, to the territory, with the full observance of the non-refoulment principle.
Concepts, such as “manifestly unfounded applications”, “third safe country”, a fundamental concept of the Dublin Convention, “countries where, in general, there is no serious risk of persecution”, “accelerated procedures” have been introduced by the Government Ordinance No.102/2000. Considering the provisions of this legal act and with prior consultation of the Ministry of Foreign Affairs, two Orders of the minister of interior concerning both the list of the safe third countries and the list of the countries where, in general, there is no serious risk of persecution, were adopted and published.
The Government Ordinance No.102/2000 provides subsidiary form of protection based on art. 2 and art. 3 of European Convention of Human Rights for those who do not meet the criteria to be granted refugee status.
As the Government Ordinance No.102/2000 provides, asylum application must be submitted as soon as an applicant has entered the territory of Romania, at the state border control point, or, in the case of aliens who have the right to stay in Romania, as soon as the events that make him/her seek protection have occurred. The asylum application cannot be rejected on the basis of a delayed submission only, but an unjustified delay will be taken into consideration, as well as other elements, in the assessment of his/her credibility.
Minors, especially unaccompanied, enjoy a special attention during the entire asylum procedure. The unaccompanied minors who have been granted refugee status or a subsidiary form of protection do enjoy the protection of the Romanian State under the same conditions as the Romanian minors who are in difficulty.
According to the ordinary procedure, two judicial appeals are provided – the first appeal and the second appeal, both having suspensive effect. The first appeal must be submitted within 10 days from receiving proof of notification or, alternatively, the document stating that the applicant can no longer be found at his/her last declared residence. The second appeal must be submitted within 5 days, from delivery for those present at the hearing or from notification for those not present. The decision passed during the second appeal is final and irrevocable. For the fast track and the border procedure are provided very short terms to solve the applications and only one appeal – having suspensive effect. For both procedures the term for submission of the appeal is 2 days from notification and the decision taken is final and irrevocable. In particular, within the border procedure the asylum seeker shall remain in the transit area at the state border control point until the decision approving his/her entry to Romania is received, or, until the decision to reject the refugee status application becomes final and irrevocable. The applicant cannot be retained in the transit area for more than 20 days. Upon expiry of the limit of 20 days and if the application has not be given a final and irrevocable decision he/she shall be automatically allowed entry into the territory for ordinary procedure. The entire border procedure is under the judicial control of the judges who can decide on the opportunity of maintaining the applicant in the transit area.
The Romanian legislation does not contain any provision on detention of the asylum seekers, except for penal cases.
Once the court decision to reject an application becomes final and irrevocable, the alien shall be compelled to leave Romania within 15 days from the notification, except for the case when the final and irrevocable rejection decisions are taken in the frame of the fast track or border procedures, case in which the alien must leave Romania without any delay. After the expiry of the 15 days time limit if the alien did not leave Romania voluntarily, the Directorate for Aliens and Migration Issues (DAMI) can enforce the decision and decide, according to the Aliens Law, to accommodate him/her in special centres of the Ministry of Interior (further details in the Migration sub-chapter).
The Government Decision No. 622/2001 for the approval of the methodological norms to implement Government Ordinance no 102/2000, which, among other things, establishes concrete measures for the management of the crisis generated by mass and spontaneous influx of persons to Romania, in need of international protection.
Within the harmonization process in the field of asylum, the Community documents adopted in 2001 were taken into account. Government Ordinance No. 102/2000 and Government Decision No. 622/2001 for the approval of the Methodological Norms for the implementation of the Government Ordinance No. 102/2000 provide for granting temporary protection in case of massive flow in accordance with Council Directive No. 2001/55/EC.
According to Government Ordinance No. 102/2000, the National Office for Refugees (NOR) with the Ministry of Interior is the central authority responsible for the implementation of Romania’s policies in the field of refugees, and of the provisions of the new regulations concerning the status and the regime of the refugees on the territory of Romania. The Government of Romania adopted in July 2001 the Government Decision No. 737/2001 for the approval of Organizing and Functioning Regulation of the National Office for Refugees.
The staff of the National Office for Refugees has benefited from continuous training and experience exchange programmes, both internationally and bilaterally, and participated to seminars, conferences and study visits organized by UNHCR and/or similar institutions in the EU Member States. All decision officers hold a BA in Law and have participated in specific courses on asylum and refugee issues.
Within the National Office for Refugees, a Documentation Centre for Countries of Origin operates, which is in a development process. The Documentation Centre is also the contact point for the Centre for Information, Reflexion and Exchange on the Asylum (CIREA). At the same time, within the Bucharest Court, a Documentation Centre was set up for the judges who deal with refugee asylum cases.
The National Office for Refugees has two modern accommodation centres in Bucharest, with a total capacity of 750 beds. Also, at the Bucharest - Otopeni International Airport there is a centre which can accommodate 20 asylum seekers. Three new centres, one in Bucharest, one in Galati and one in Timisoara, are to be established by 30 June 2003 at the latest. The third centre, in Bucharest, will provide facilities for unaccompanied minors.
For the implementation of the legal provision on asylum, the National Office for Refugees co-operates with other units of the Ministry of Interior (MI). Thus, asylum application can be submitted to any other territorial unit of the MI, especially, at the territorial units of DAMI or the General Inspectorate of the Border Police (GIBP). The Government Decision No.622/2001 provides detailed and clear instructions for transmitting without delay of the asylum application and all other relevant information to the National Office for Refugees.
DAMI and GIBP territorial units carry out control activities of the asylum seekers who left the place of residence without prior approval from NOR or of those who are found near the state border without having a credible reason.
NOR co-operates with DAMI and GIBP within border procedures, in order to repatriate the aliens whose asylum applications have been finally and irrevocably rejected, and on regulating the status of asylum seekers that have been finally and irrevocably rejected and cannot be returned to their home countries for objective reasons.
To improve the legal, material and social assistance given to the asylum seekers and to the refugees, the National Office for Refugees has concluded protocols of co-operation with a number of non-governmental organizations, which carry out activities in the field.
The Romanian authorities carry out programmes for the social integration of the refugees with the assistance of NGOs. The Romanian Government, by a Government Decision that is expected to be published in the Romanian Official Gazette, has approved such a programme.
Alignment with the acquis communautaire
By 31 December 2002, the IT system of the National Office for Refugees shall be set up, both at the Headquarters and at its territorial structures.
On 1 January 2004 at the latest, the data base concerning the countries of origin of the asylum seekers will be finalized. By the end of the same year, Romania will adopt the Law concerning the integration of the refugees and the Law concerning the classified information and confidential information.
Upon accession, Romania will sign and ratify the Dublin Convention. At the same time, Romania will transpose into the national legislation the concrete procedures and aspects resulting from the obligations under the Dublin Convention and its implementation measures, which are provided by the acquis. Moreover, a unit responsible for the implementation of the Dublin procedures shall established, within the National Office for Refugees.
2. Border Control
The total length of the Romanian border is 3,149.9 km., the land border is 1,085.6 km., while the river and the Danube border is 1,819.9 km. Romania has a maritime border of 53.9 km. The opening of Romania to the Black Sea is 193.5 km. The border with Hungary is 448 km., out of which 415.9 km. represents the land border and 32.1 km. the blue border. With the Federal Republic of Yugoslavia, Romania has a common border in a total length of 546.4 km. (256.8 km. - land border and –289.6 km. - blue border). The total length of the border with Bulgaria is 631.3 km. (139.1 km. - land border, 470 km. - fluvial border and 22.2 km. - maritime border). With the Moldavian Republic, Romania has a border on the Prut River of 681.3 km. The border with Ukraine is 649.4 km. (273.8 – land border, 31.7 km. - maritime border and 343.9 km. the river and the Danube border). The number of the international airports is 10 and other 5 airports can accommodate flights on international traffic regime with prior notification of at least 48 hours; the biggest traffic is the one on the Bucharest – Otopeni Airport.
At present, the Romanian Border Police activity is established by the Emergency Government Ordinance No. 104/2001 on the organization and functioning of the Romanian Border Police, which introduces a series of new elements. By this Emergency Ordinance, the Border Police is part of the police authority and the following concepts are defined: “competency area”, “border police officer”. Through the above-mentioned legal act, the gathering, stocking, processing and using information, along with the exchange of information with other state authorities and with similar institutions of some other countries, is regulated. The demilitarisation of the Romanian Border Police is to be achieved at the same time with the demilitarisation of the other Romanian police structures.
The judicial regime of the Romanian state border is settled through the Emergency Government Ordinance No. 105/2001, which takes over the following concepts of the acquis communautaire: “internal border” and “external border”. The regulated concepts: “internal flight”, “third country”, “alien designated as inadmissible”, “border control”, “crime at the border”, “illegal crossing of the state border”, “cross border criminality”, “carrier”, “the control regime of the border police” are corroborated with extending the border area with 30 km. inwards from the border line. The premises of separating the flows on the both crossing ways at the state border crossing points, for Romanian citizens and the citizens of the countries with which Romania has concluded agreements concerning the abolishment of visas or of the control at the border crossing, on one hand, and for the citizens of the others countries, on the other hand, have thus been created. The regime of the common border crossing points and the alignment with the European standards established through the FAL Convention regarding the control of crossing the blue border in maritime and fluvial harbours is settled.
The legislative framework - represented now by the Emergency Ordinance No. 104/2001 on the organization and functioning of the Romanian Border Police and by the Emergency Ordinance No. 105/2001 on the Romanian state border - regulates the mechanisms which ensure the personal data protection and the security of those data which are stocked in the database of the Border Police and in the Border Information System concerning the movement of goods and persons across the border.
The Government Decision No. 476/2001 for the approval of the methodological norms for applying the Law No. 123/2001 on the aliens’ regime in Romania, introduces the airport transit visa. The list of those countries whose citizens must obtain this type of visa comprises the 13 countries mentioned in the Common Action of 4 March 1996 (96/197/JHA).
From a procedural point of view, the Common Consular Instructions applied by the Romanian authorities are harmonized with the ones of the European Union.
Romania has the basic infrastructure necessary for applying the harmonized legislation. The actual structure of the Romanian Border Police is functional since 1 June 2001 and provides the co-ordination of the control activities at the border with each neighbouring country. Thus, the Border Police (the central structure) has now 6 subordinated Directorates of the Border Police, one for each border with the neighbouring countries and the Black Sea. There are also 20 County Inspectorates of the Border Police which are subordinated to these Directorates of the Border Police.
The staff of the Romanian Border Police consists of 23,000 employees.
The general policy for professional training has an important component of training the border police officers concerning their rights and obligations according to the new judicial regulations, standards and practice of the European Union. The training policy in the operative area concentrates on collecting and processing the information and also on the strengthening of the capacity of performing the control of the entries and transit at the border crossing points, with an accent on the international airports. There is also a special concern for training specialists in the field of combating the illegal trafficking in human beings.
The Border Police has implemented, since 2001, a "career guide", developed by the Ministry of Interior. The Romanian Border Police staff is trained at the training units of the Ministry of Interior as well as in collaboration with the EU Member States on a bilateral basis or in the framework of some Twinning Covenants. In the year 2001, Covenants are in progress, with Germany, Spain and France as partners.
3,314 conscripts were replaced with 1,326 sergeants hired on a contractual basis, and starting with 1 September 2001, 1,000 professional gendarmes were transferred to the Border Police for the state border surveillance purpose.
The co-operation with the border authorities from the neighbouring countries is regulated by several bilateral agreements: 9 with Ukraine, 4 with Moldavia, 14 with Bulgaria, 6 with Yugoslavia, 9 with Hungary.
At present, negotiations are under way with Bulgaria, Hungary and Yugoslavia, in order to finalize the agreements on the state border regime, the collaboration and the mutual assistance in border issues.
Between the commanders of the maritime components of the border police structures of the Black Sea countries an Aide - Memoire was signed. Through this Aide – Memoire, the development of the co-operation networks in the field of maritime search and rescue, the combating of the maritime pollution, illegal trafficking in some goods and smuggling, were improved. At the same time, an operative document has been agreed upon (a form comprising data on suspect ships), used by all maritime border authorities.
The Ministry of Interior intends to conclude co-operation agreements in the field of the border management with the European Union Member States. Draft co-operation protocols have already been forwarded to similar structures in Germany, Austria and France.
Presently, the small traffic regime is being applied, according to the bilateral documents concluded, at the borders with Hungary, Bulgaria and Yugoslavia, to those citizens who reside in the border counties and districts; at the border with Ukraine the Convention regarding the simplified crossing of the border by the persons who reside in the border area was signed and is now applied.
Regarding the border traffic with the Republic of Moldavia, two documents have been signed and are now in force:
1. The Agreement between the Government of Romania and the Government of the Republic of Moldavia regarding the mutual travels of their citizens, signed in Kishinev, on 29 June 2001;
2. The Protocol between the General Inspectorate of the Border Police within the Romanian Ministry of Interior and the Department of the Border Guards of the Republic of Moldavia, regarding the mutual travels of their citizens, concluded in Albita, on 27 September 2001.
The present level of endowment of the Romanian Border Police is satisfactory to a certain extent, especially on the Romanian international airports. The improvement of the operational results depends on modernizing the existing equipment, aspect that has been taken into account by the Romanian Government, by providing investments from the budget. During 2001 the Border Police has been endowed with off-road vehicles, in an amount of over 2 million EURO. Now, a contract financed through government funds is carrying on, amounted to 10 million USD, for purchasing equipments for surveying the state border with thermo-vision (35 special vehicles for surveillance and control, 30 sets of portable thermo-vision equipments, 142 sets of night vision equipments). The acquisition components of the PHARE programmes for 1999 and 2000 are also in an advanced stage.
In view of strengthening the control at the airport border crossing points, the Border Police has concluded a few protocols with the Romanian international airports administrations, thus creating the conditions for an efficient control.
After issuing the Government Decision 943 of 27 September 2001, the Interministerial Group for Integrated Management of the State Border has been created.
Between the General Inspectorate of the Border Police and the General Customs Directorate a co-operation protocol is now in force, that establishes the implementation of the permanent exchange of data and information, the joint use of the technical means for surveillance and control and the training of their staff by common programmes.
The Romanian border authorities are applying similar procedures for controlling the travel documents of the persons who come to Romania and for those who are leaving Romania. The Romanian passports and the foreign ones are stamped at entrance and exit points. The Romanian Border Police stamps the passports of the persons who break the legal provisions when entering the country, with a special stamp, denying them access for a period from 6 months to one year, according to the gravity of the crime. Entering or leaving Romania by illegal border crossing are considered crimes and are punished with imprisonment for a period from 3 months to 2 years. The punishments are the same for the Romanians and for the aliens. These persons are taken in evidence by the Border Police and the information is introduced in the central database of this institution IT system.
Alignment with the acquis communautaire
The Government Decision for approving the application norms of the Emergency Ordinance 105/2001, regarding the Romanian State Border, will be adopted by the end of 2001.
The border police officer manual will be issued in the second trimester of 2002.
The modification of the Law 123/2001 regarding the aliens regime in Romania, in the sense of establishing a distinction between the visa (up to 90 days of stay) and the residence permit (over 90 days of stay) will be accomplished by 31.12.2002.
At the end of 2003, the entire border police personnel will consist of professionals.
The Interministerial Group for Integrated Management of the State Border aims at settling the single payment desk for the border taxes, the performing of the border police and customs control at an only one filter, simultaneously and by mixed border police-customs teams, by the end of 2001.
The establishment of the on-line IT system of the Border Police will be completed by 31.12.2003.
At present, the necessary intercessions for concluding new documents regarding small border traffic have been initiated, aiming at modifying and completing the existent Agreements with Bulgaria, Hungary and Yugoslavia, documents which do not respond any more to the actual situation, due to the international evolution of the economic, social and political factors.
3. Visa Policy
At present, Romania’s negative list comprises 127 states, while the negative list of the EU includes 134 states.
Since January 2001, entry visas can be obtained only from Romanian diplomatic missions and consular offices abroad.
The number of the Romanian consular personnel abroad is 145 persons. At each diplomatic mission there is at least one consul. The diplomatic personnel with consular attributions are trained both in theory and in practice by the Consular Relations Directorate within the Ministry of Foreign Affairs, at least six months before leaving the country. Also, the diplomatic personnel are trained to use the future on-line IT network for processing the visa applications.
The Romanian personnel from the diplomatic missions and consular offices abroad verify the travel documents presented for visa issuing.
This checking corresponds to the one stipulated by the Common Consular Handbook. By its accession to the EU, Romania will take over all the provisions included in the Common Consular Handbook and shall perform the statistical data exchange concerning the issue of visas.
The diplomatic and consular offices are in the process of being endowed with performant technical equipment for detecting false and counterfeit travel documents. In case of any suspicious document, the offices request the support of local authorities and foreign consulates accredited in the respective state. There is an ad-hoc co-operation or within a formal framework between Romanian consuls and their counterparts from diplomatic and consular offices of EU Member States.
The processing of visa applications by the Romanian diplomatic missions and consular offices is done according to a procedure, which will be progressively harmonized with the procedures existing within the Schengen space. Thus, Romania benefits from a PHARE project for the creation of an on-line IT network. This system will comprise the National Visa Centre, within the Ministry of Foreign Affairs, a body set up in April 2001, as well as structures of the Ministry of Interior. The on-line communication system is in a pilot stage, with ten consular offices to be connected in 2002. The network will comprise, by 2004, all Romanian diplomatic missions and consular offices.
The new Romanian passport, which will circulate starting with 2002, according to the Government Decision No. 460 of June 2001, is in line with acquis provisions, as regards the design, the contents and the security features against forgeries.
Starting with April 1998, the Romanian legal provisions regarding the airport transit visa are in line with the JHA acquis, respectively the EU Joint Action of 4 March 1996, concerning the measures for airport transit.
At present, the compulsory airport transit visa is issued in accordance with the provisions of Law No. 123/2001 concerning the aliens regime in Romania, the Methodological Norms for the implementation of the Law 123/2001, approved by the Government Decision No. 476 of 17 May 2001. According to the Romanian legislation in force, the airport transit visa is granted only with the preliminary approval of the Ministry of Foreign Affairs on the basis of an existing third country visa, which enables the alien to continue travel. This visa could be granted only upon presentation of a valid plane ticket and it allows the alien to stay only inside the airport for no more then 3 days.
The citizens from all 13 countries stipulated within the EU Joint Action are requested to possess this type of visa, when they are in transit on an airport in Romania.
Until the accession date to the EU, Romania will take over all the acquis communautaire in the field of consular co-operation. As a candidate state to EU accession, Romania co-operates with the EU Member States, taking part in the joint meetings of the Working Group on visa issues and in local consular consultations.
In Romania, the administrative infrastructure required for the implementation of the current and future legislation in the field of visa is in place.
Alignment with the acquis communautaire
In order to harmonize the Romanian negative list with the EU one, the introduction of visa obligations for citizens of Russian Federation and Ukraine will be applied from the beginning of 2002, following the entry into force of the bilateral agreements already negotiated.
As regards the introduction of the compulsory visa regime for nationals from the former Yugoslav Republics, the following timetable has been established:
For nationals originating from Bosnia – Herzegovina, in 2002;
For nationals originating from the Former Yugoslav Republic of Macedonia, in 2002;
For nationals originating from the Federal Republic of Yugoslavia, in 2003.
Starting with 1 January 2004 the compulsory visa regime will also be introduced for nationals originating from Turkey.
A compulsory visa regime for citizens of the Republic of Moldavia will be introduced by the accession date of Romania to EU.
Until the accession to the EU, Romania will harmonize the EU "positive list", starting the negotiations in order to sign visa agreements with Andorra, Argentina, Australia, Brazil, Bolivia, Brunei, Chile, Ecuador, Estonia, Guatemala, Honduras, Israel, Latvia, Liechtenstein, Lithuania, Malta, Mexico, Monaco, Nicaragua, Panama, Paraguay, Salvador, Uruguay, Venezuela.
The manufacturing of a new type of visa sticker, according to the Community norms (European Council Regulation concerning the uniform visa format – 1683/1995) is intended for 31 December 2002.
The Romanian authorities show special concern regarding illegal migration management. The results in 2001 showed a better efficiency than the one in the previous years. Firm police measures have been taken. Severe controls have been carried out in order to check the legality of the entry and stay on the Romanian territory of aliens coming from countries with high migration potential. The number of the exit visas and of the expulsion/returns has increased. A greater number of rejections of entry applications from aliens originating from third states have been registered.
Legal framework in the field: Law No.123/2001 regarding aliens regime in Romania, Methodological Norms for applying Law No.123/2001, approved by Government Decision No. 476/2001, Emergency Ordinance No. 105/2001 regarding the Romanian border state, Law No. 203/1999 on working permits, completed and modified by the Emergency Ordinance No.172/2000 and Government Decision No. 434/2000 for the approval of methodological norms for the application of the Law 203/1999, Law No. 84/1995 on education, Law No. 31/1991 on companies and the Decree Law No. 54/1990 regarding the carrying out of economic activities on the basis of free initiative.
According to the new law on the aliens’ regime and to its application norms, the conditions for entry, stay and leave the Romanian territory, offering thus an efficient mean to combat illegal migration, are established.
The legislative framework in force contains norms aligned with the Community acquis, that regulate a number of fields, like family reunification, airport transit, unaccompanied minors’ protection, combating of convenience marriages, transporters’ responsibility, procedures on returning to the origin countries, as well as the limitation of the admission of citizens coming from third states and seeking employment, or in order to carry out self-employed activities.
The new regulations provide the setting up of a special procedure for obtaining the entry visas by aliens coming from states mentioned on the list of the countries with high migration potential, and respectively on the basis of an invitation and bank deposits guarantees.
A draft legal act on organizing and carrying out certain economic activities by individuals (repealing the Decree Law No. 54/1990) has been elaborated. The draft regulates the right of Romanian and EU Member States citizens to carry out self-employed economic activities in Romania, and also regulates the requirements to be fulfilled by natural persons in order for them to be authorised to carry out independent economic activities.
The existing legal framework punishes the illegal entry on the Romanian territory as well as the support given to this purpose.
Alignment with the acquis communautaire
The issuing of a new type of Romanian passport containing the security elements mentioned in the Resolution of the Member States representatives on 17.10.2001 is to be start beginning with 01.01.2002.
Law No. 123/2001 on the regime of aliens in Romania will be modified until 31.12.2002, while the Methodological Norms for applying this legal act, that have been approved by Government Decision No. 476/2001, will be modified until 01.03.2003, on the following points:
according to the Joint Action adopted by the EU Council by the 30.11.1994 decision, the pupils, citizens of third countries, legally residing on the territory of a EU Member State, will be given permission to enter Romania’s territory without a visa;
making the difference between visa (up to 90 days) and staying permit (a stay longer than 90 days);
full alignment with the text adopted by the Ministers on 11.06.1992, regarding acceptable/nonacceptable travel documents;
settling the status of the short term workers and of the temporarily transferred persons;
establishing the obligation to present a business plan when applying for a visa in order to set up a Ltd. Society, for citizens coming from high migration potential countries;
introduction of the “short, long and permanent term resident” notions and the alignment with the provisions of the EU Council Resolution on the status of the citizens of third countries. Residents on the territory of a EU Member States for a longer period of time;
ensuring the protection of unaccompanied minors coming from states other than the ones identified as high migration potential countries;
introduction of the principle of voluntary return to the origin countries.
The modification of Law 203/1999 concerning the work permits, completed and modified by Emergency Government Ordinance 172/2000, with a view to fully meeting the EU requirements regarding the employment, is planned to enter into force by 31 December 2002.
The draft piece of legislation concerning the organization and the carrying out of certain economic activities by natural persons will be adopted by 31.12 2002.
The modernization of the informational and communication system for specialized structures will be completed on 31 December 2003.
Since 1990, Romania has concluded 23 readmission agreements with: Austria, Benelux, Bulgaria, Czech Republic, Croatia, Denmark, Switzerland, Finland, France, Germany, Greece, India, Ireland, Italy, Poland, Slovakia, Slovenia, Spain, Sweden, Hungary and Moldavian Republic. 15 of these agreements were signed after 1995, and they were concluded according to European Council Recommendation of 30 November 1994.
Romania appropriated and applied exactly the Recommendations of 30.11.1994 regarding a specimen of bilateral readmission agreement between a Member State and a third country, thus drawing up a “framework agreement” regarding readmission of own citizens and of aliens, which was the basis for finalizing bilateral agreements concluded in this period.
While drawing up and negotiating these agreements, Romania is taking into account the Convention of Human Rights and Fundamental Freedoms (Rome, 1950), the Convention on the Refugees’ status (Geneva, 1951) and the Additional Protocol (New York, 1967).
Romania has created the legislative framework for setting up the internal affairs attaché institution and liaison officer, an internal affairs attaché to the European institutions, in Brussels, and liaison officers in Germany, Austria and Czech Republic, being appointed at the present.
Alignment with the acquis communautaire
Romania is now negotiating in order to conclude readmission agreements with the following countries: Great Britain, Portugal, Lithuania, Russia, Ukraine, FYROM, China, Egypt, Lebanon, Bangladesh, Sri Lanka.
While negotiating the readmission agreements, the priorities have been settled according to the risk of the migration potential country, as well as to the EU Member States and candidate countries with which such agreements haven’t yet been concluded.
assume Romania set itself as a task to conclude readmission agreements with all the third countries mentioned on the EU negative list, designated in the EU Common Action of on 4 March 1996. Diplomatic approaches will take place according to the following schedule:
2001 - with Lebanon, Jordan, Great Britain, Austria (negotiation of a new agreement), Morocco, Nigeria, Sudan, Tunisia, Cameroon, D.P.R. of Congo, Gambia, Algeria, Ghana, Iran, Turkey and Yugoslavia;
2002- with Cyprus and Malta, Portugal, Estonia, Latvia, Angola, Guinea, Guinea Bissau, Ecuatorial Guinea, Palestine, Ivory Coast, Gabon, Kenya, Liberia, Mali, Mozambic, Senegal, Tanzania, Uganda, Bosnia-Herzegovina, Singapore;
2003 - with Georgia, Armenia, Benin, Burkina Faso, Central African Republic, Tchad, Congo, Djibouti, Laos, Myanmar, Ethiopia, Haiti, Mauritania, Philippines, Niger, Rwanda, Sierra Leone and Somalia.
2004 - with Irak (depending on how the situation evoluates), Cambodia, Comore, Eritrea, Fiji, Mauritius, Papua New Guinea, Guyana, Madagascar, Peru, Thailand, Vietnam, Yemen, Zambia, Maldives.
2005 - Bhutan, Burundi, Cape Verde Islands, D.P.R. of Koreea, Dominican Republic, Libia, Syria, Nepal, Surinam, Sao Tome and Principe, Togo.
For combating illegal migration, Romania intends to appoint, till the date of accession, internal affairs attachés and liaison officers in EU states and in the main migration potential states.
The Romanian legislation in the field makes the distinction between the expulsion, which is ordered by a court of law for committing a crime, and the return, which is an administrative measure ordered by the Ministry of Interior, and related to illegal migration.
Aliens’ expulsion is a safety measure taken by the Court of Law based on the art.117 of the Penal Code. According to the Constitution, the expulsion may be ordered only by a sentence and applied, according to art. 438 Penal Procedure Code by the police forces.
The return, as an administrative measure, may be ordered against aliens to whom the right of stay on the Romanian territory was limited, interrupted or revoked, as a consequence of non-conformity with their declared purpose, or for other legal cause, against those who entered Romania illegally as well as against those who stayed for a period longer than the one settled by visa.
Law No. 123/2001, which settles aliens’ regime in Romania, provides that, until expulsion, the alien is accommodated in a place especially intended for this purpose and under surveillance.
The organizing and functioning rules of the accommodation centres for the aliens that are illegally staying on Romania’s territory are settled by a Regulation approved by the minister of interior.
These centres are closed places, specially designed, which are subordinated to the Ministry of Interior, managed by the Directorate for Aliens and Migration Issues and destined to temporary accommodation, according to the law, of the following categories of aliens:
identified as illegally staying in Romania;
the ones whose applications for the granting refugee status have been finally and irrevocably rejected and are to be returned to their origin or departure countries if they do not leave legally the Romanian territory;
declared undesirable and those who have not left willingly the Romanian territory before the end of the legal term;
the ones found without documents, until their identity is established and their situation is clarified from the point of view of the legality of their stay in Romania.
Aliens temporarily accommodated in these Centres are entitled to medical and social assistance and to have their opinion and their religious, philosophic, cultural and political beliefs respected. They have the right to mail exchange, visits and entertainment activities outdoors.
The personnel of the centres is trained in order to provide aliens a non-discriminatory treatment irrespective of their race, sex, age, culture, citizenship or religion.
Both the expulsion and return are made according to the provisions of art. 3 of the European Convention of Human Rights and of the principle of “non-refoulement”, provided in art. 33 of the Geneva Convention on the refugee regime.
The expulsion of the alien has the finality of setting up an interdiction of entering the country for a period equal to the period of punishment he/she received, but not for less than 5 years. In case of return, interdiction periods are set up for a period between 6 months and 5 years.
The standard travel document issued to the expulsed/returned aliens is totally harmonised with the one used by the member states.
The authority responsible for implementing the legislation in the migration field is the Ministry of Interior, through the Directorate for Aliens and Migration Issues and the Directorate for Passports within the General Directorate for Personal Data Records and through the General Inspectorate of the Border Police, in cooperation with the Ministry of Foreign Affairs, the Ministry of Labour and Social Solidarity, the Ministry of Education and Research and the Ministry of Justice.
For the management of the aliens’ stay on Romanian territory and of the Romanians travel abroad, the specialized authorities of the Ministry of Interior have structures both at central level and at territorial level, in each county. The central ones have databases available for the territorial structures and for other structures such as Border Police and National Office for Refugees.
At present, 2 accommodation centres for the aliens apprehended for reasons of illegal staying are operational at Otopeni (120 beds) and Arad (48 beds).
Specialized structures of the Ministry of Interior concluded co-operation protocols with all the institutions they co-operate with in implementing the legislation: the Ministry of Foreign Affairs, the Ministry of Labour and Social Protection, the Ministry of Education and Research.
Romania takes an active part in the Initiative of the Stability Pact on Fight Against Organized Crime (SPOC) and to the data exchange with the Centre for Information and Reflection on Immigration (CIREFI).
Alignment with the acquis communautaire
The signing of the Memorandum of Understanding between the International Organization for Migration and the Ministry of Interior in the field of co-operation for assisted humanitarian voluntary return will be concluded by 31.12.2001.
For the complete harmonization with the Community acquis regarding the expulsion and the voluntary repatriation, in correlation with the project of modification of the of Law 123/2001 until the end of 2002, the modification of Law 203/1999, completed and modified by Emergency Government Ordinance 172/2000, will be achieved by the end of 2002 and will principally refer to the following aspects:
obligation to obtain the notifications needed for employment also by the foreign citizens who finished their studies in Romania or came into the country with business purposes;
establishment of punishments according to the Community provisions for the employers who encourage, facilitate and promote the illegal employment;
exchange of information and the supervision of illegal employment together with the EU Member States
The network of accommodation centres for aliens apprehended for reasons of illegal stay will be rounded by setting up 2 new centres in Giurgiu and Iasi by 31.12.2003.
5. Organized crime
5.1. The EUROPOL
Until now, no co-operation agreement with EUROPOL has been concluded. The President of Romania has approved the mandate for negotiating the Co-operation Agreement between Romania and EUROPOL. A EUROPOL Office has been set up within the General Inspectorate of the Police. Police officer participation in relevant training activities has been enhanced as well.
Romania signed the European Convention regarding the protection of individuals against the processing of personal data (STE108/1981) on 17 March 1997. The draft law ratifying the European Convention as well as the draft law on the protection of individuals against the processing and free movement of personal data, implementing Directive No.46/95/EC have been approved by the Parliament.
The draft law on the protection of individuals related to the processing and free movement of personal data provides for the setting up of an independent supervising authority whose duties will be performed by the Ombudsman.
Requirements relating to the staff, equipment, financing, and operation of the Supervising Authority will be stipulated by the Regulation on the Authority Functioning. The law on the protection of individuals related to the processing and free movement of personal data will not apply to processing and transfer of personal data as far as national defence and security activities are concerned. The Law will apply, with its exceptions, to the processing and transfer of personal data in case of crime prevention/investigation/repression activities, public order maintaining or other activities relating to the enforcement of criminal law. These clauses comply with the provisions of the STE 108 Convention and Directive No.95/46/EC.
The law on the processing of personal data and the protection of privacy in the telecommunication sector has been approved by the Parliament and is to be promulgated by the President. The law transposes the provisions of Directive No.97/66/EC. When enacted, the Law will be enforced as a special legal act unlike the Law on the protection of individuals with regard to the processing of personal data on the free movement of such data, since it sets forth specific protection provisions appropriate for the highly technical nature of data processing in the telecommunication sector. At present, in Romania, this sector also covers data transmissions and Internet services. The special character of this legal act is requested by the higher degree of technicality of this field which calls for the adoption of a flexible framework easily adaptable to the technological progress without prejudice to the framework legal act (Law on the protection of individuals with regard to the processing of personal data on the free movement of such data).
Alignment with the acquis communautaire
The law ratifying the European Convention on the protection of individuals as regards the processing of personal data (STE108/1981) has been adopted and will come into force during the fourth quarter of 2001.
The law on the protection of individuals with regard to the processing of personal data on the free movement of such data and the law on the processing of personal data and the protection of privacy in the telecommunication sector will come into force during the fourth quarter of 2001.
Negotiations with EUROPOL will start during the first half of 2002 in order to conclude a co-operation agreement.
In order to join the EUROPOL, the Romanian authorities intend to establish an appropriate co-operation framework, including amendments to the Penal and Penal Procedure Codes in order to incriminate all the deeds considered crimes under the EUROPOL jurisdiction, according to the annex to the Convention.
After accession, Romania will sign the EUROPOL Convention and the two Additional Protocols.
5.2. Protection of the European Communities’ financial interests
The legal provisions of the Penal Code, Law No 87/1994 on combating tax evasion, Law No 82/1991 on accountancy, Law No. 78/2000 on preventing, detecting and punishing corruption acts and Law No 141/1997 (The Customs Code) and the Regulations for the appliance of the Customs Code approved by Government Decision no.1114/09.11.2001 (which entered into force on 19.11.2001) represent the legal framework in the field.
Within the Ministry of Interior – The General Inspectorate of the Police – the Directorate for Economic and Financial Police functions, while at territorial level, Economic and Financial Police Departments function, the task of which is to detect and investigate economic and financial frauds. At the same time, within the Ministry of Public Finances – the General Customs Directorate – a special Department for fighting against customs frauds functions, with corresponding territorial structures. The two institutions work together according to the provisions of a co-operation protocol.
Romania is ready to co-operate with EU institutions to assure the effective and equivalent protection of its financial interests.
The national legislation, which regulates the field of fighting against fraud and of the protection of the financial and economic interests of the state, can be found in Annex 2.
Alignment with the acquis communautaire
After its accession to the European Union, Romania will join to the Convention on the protection of the European Communities’ financial interests as well as to the additional protocols.
In the first semester of 2003, a national law will be adopted, which aims to punish fraud which affects the economic interests of the European Communities, as defined in the Convention on the protection of the European Communities’ financial interests, as well as the deeds of the persons that have power of decision and control in case of fraud that concerns the financial interests of the European Communities.
The draft law for the modification of the Law No 21/1999 on prevention and penalizing money laundering, through which money laundering originating from serious offences will be punished , will be adopted in the first semester of 2002.
The draft law for amending the Penal Code and the Penal Procedure Code on the penal responsibility of legal person and the punishing corruption deeds of the international civil servants will be adopted in the first semester of 2002.
In Romania, the activities of the national institutions with anti-fraud competencies will be co-ordinated by a national institution that will be designated as coordinator and will act as unique contact point in relation with the European Commission and the Member States in the field of fight against fraud. For reasons of expediency, Romania is ready to designate this co-ordination institution in collaboration with OLAF.
In order to ensure an equal treatment both to the inspections of the Commission and the national ones, with the purpose of protecting the financial interests of the European Communities, the Ordinance No.119/1999 and the Law No. 30/1991 will be amended by December 2002.
5.3. Combating corruption
The crimes of corruption: bribe receiving/giving, acceptance of undue advantages and influence traffic are penalised by the Romanian Penal Code, articles 254-257.
The Romanian legislation in force, through the Criminal Code and Law No.78/2000 on prevention, discovering and penalising corruption deeds, penalises the crimes of corruption perpetrated in public and private sector.
Law No.78/2000 transposes certain provisions of the OCDE Convention on combating corruption in international commercial transactions and of the Criminal Convention of Council of Europe on corruption, by penalising both money laundering and the crimes of corruption committed in international transactions under organized crime conditions.
Romania adopted the National Programme for Prevention of Corruption, which provides measures for diminishing the existing area of this crime. In order to enforce the Programme, the National Action Plan against corruption has been approved. The National Action Plan against corruption with the involvement of the civil society, including NGOs, in order to establish a permanent partnership aimed at diminishing the corruption consequences. The Programme is in use starting 2001.
Based on this programme the Ministry of Interior has issued and enforced its own action plan for combating corruption among its employees.
Romania signed the Penal Convention against corruption and the Civil Convention against corruption. The draft laws ratifying these conventions will be submitted to the Parliament. Romania is party to the Group of States against corruption (GRECO) which was set up on 1 May 1999 by the Council of Europe Resolution No. (99)5. In 1999, Romania applied to the Secretariat – General of OECD to become full member to the Working Group on combating corruption in international transactions.
Other relevant laws in the field of fighting against corruption were adopted: Law No.115/1999 regarding the ministries responsibility, which includes provisions referring to the ministers responsibility for the actions undertaken while exercising their functions, as well as procedural provisions regarding criminal prosecution in case of crimes; Law No.188/1999 on the civil servant statute, which defines the civil servant, states the categories of civil servants, the classification of the public functions and the principles governing their exercising; Emergency Ordinance 75/1999 regarding financial audit; Emergency Ordinance 60/2001 regarding public acquisitions.
The Department for Fighting against Corruption and Organized Crime, which functions within the Prosecutor’s Office to the Supreme Court of Justice was set up according to Law No.78/2000 on prevention, detecting and penalising corruption crimes. Also, at territorial level there are services and offices, respectively, for combating corruption and organized crime. Their activity is co-ordinated and controlled by the specialized Department within the Prosecutor’s Office to the Supreme Court of Justice. The Department, as well as the services and offices for fighting against corruption and organized crime perform criminal prosecution in case of corruption crimes and crimes committed as organized crime.
The Department leads and controls the trial-related activities performed by police bodies and other bodies involved in unveiling and criminal prosecuting these crimes.
Within the Department and its territorial structures, specialists from the bodies having legal competences in unveiling and prosecuting these crimes can be appointed for one year to work under the direct supervision and control of the prosecutors from these structures. Likewise, finance, banking, customs specialists can be appointed to elucidate technical specific issues.
An Office in charge with the setting–up of a database on crimes of corruption and organized crime functions within the Department for fighting against corruption and organized crime.
Alignment with the acquis communautaire
For an efficient performance of the units subordinated to the Department for fighting against corruption and organized crime and its territorial structures, a protocol will be concluded by the Public Ministry, the Ministry of Interior and the Ministry of Public Finances by the end of 2001.
The draft law amending the Penal Code and the Penal Procedure Code with regard to the penal responsibility of the legal person and to the penalising the international employees in case of crimes of corruption will be adopted during the first semester of 2002.
The national anti-corruption structure (ACOS) will be set up within the Prosecutor’s Office to the Supreme Court of Justice by 31 December 2002.
5.4. Combating money laundering
Law No. 21/1999 partly harmonises the provisions of the 1990 Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, adopted in Strasbourg. The law harmonises a part of the Convention specific terminology, and clearly defines the money-laundering offence.
The Romanian legislation in the field of preventing and combating money laundering has been drawn up according to the provisions of Directive No. 91/308/EC and of the 40 FATF Recommendations.
The establishment of the National Office for Prevention and Control of Money Laundering is an important step forward for the institutional building in this field.
According to the provisions of Law no 21/1999, which allow the mutually information exchange or within the international treaties to which Romania is party, the Office exchanged information with similar institutions from the European Union, as well as from other countries, observing the confidentiality requirements.
Regarding the UN Convention on combating cross border organized crime, in particular the measures for combating money laundering, as well as the Council Decision from 17 October 2000 establishing the co-operation among the FIU-s within the Member States with reference to the exchange of information, Law No. 21/1999 provides that the main activities of the National Office for the Prevention and Control of Money Laundering are the analysis, the information processing and the warning of the competent authorities. The National Office for the Prevention and Control of Money Laundering is an administrative financial intelligence unit (FIU), member of PC-R-EV, having access to and using the Egmont Secured Network.
Alignment with the acquis communautaire
The Romanian legislation already includes several regulations of the new draft Directive on preventing the use of the financial system for money laundering purposes. Law No. 21/1999 will be amended after the entering into force of the above-mentioned directive.
The draft law amending Law No. 21/1999 on prevention and penalising the money laundering, which will incriminate the money-laundering offence from all serious offences will be adopted during 2002.
The draft Law ratifying the 1990 Strasbourg European Council Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime will be adopted in the first semester of 2002.
The National Office for the Prevention and Control of Money Laundering is successfully developing a twinning project with partners from Italy and Austria. The aim of the proposed Project is to strengthen the capacity of the Romanian institutions involved in the prevention and control of money laundering and its main goals are:
1. Improving the current legal framework for full compliance with the acquis communautaire (Directive 308/91/EEC) and the FATF 40 Recommendations focusing on strengthening the institutional role of the National Office.
2. Improving detection and processing of suspicious transactions, cash and other payment instruments operations .
3. Strengthening the capacity of reporting units to detect suspicious transactions and provide valuable, accurate, and adequate information.
4. Developing co-operation with the institutions involved in the fight against money laundering (Ministry of Justice, Ministry of Interior, Ministry of Finance, General Prosecutor’s Office to the Supreme Court of Justice, the National Bank of Romania, the Romanian Banks Association, the High Court of Audit etc.)
5. Developing international co-operation focused on information exchange.
The project will be completed during 2002.
5.5. Combating the organized crime
On 14 December 2000, Romania signed the UN Convention against Trans-national Organized Crime. Although the Convention has not yet been ratified, the domestic legislation includes many of its provisions, by: Law no 21/1999 regarding the prevention and penalise of money laundering, amended by Law 78/2000 on prevention, detecting and penalising the crimes of corruption, Law 143/2000 on fighting against drugs traffic and use, Government Emergency Ordinance no 105/2001 regarding the state border of Romania, Government Emergency Ordinance No.112/2001 penalising certain acts committed abroad by Romanian citizens or by any persons without citizenship residing in Romania.
The legal acts in the field of special investigation techniques for combating the drug trafficking are: Law 143/2000 establishing the undercover investigator and regulating the controlled deliveries and the Penal Procedures Code legalizing the interception of telephone calls and images.
The General Directorate for Fighting against Organized Crime and Antidrug functions within the General Inspectorate of Police – Ministry of Interior. The General Directorate has structures both at central and territorial level. Within the General Inspectorate of the Border Police, at central and territorial level there are Directorates for Fighting against Trans-border Criminality.
A Section for fighting against corruption and organized crime functions within the Public Ministry – the Prosecutor’s Office to the Supreme Court of Justice, and services and bureaus for combating corruption and organized crime function at the level of Public Prosecutor’s Office from the Appeal Court and Courts.
Alignment with the acquis communautaire
The draft laws regarding the organization and functioning of the police, the fight against organized crime, the witness protection and combating computer criminality (cyber criminality) will be adopted until the end of 2002.
The draft law on fighting against trafficking in human beings will be adopted by the end of 2001.
In order to fight against organized crime and corruption, a very important investigation technique is the legal interception of telecommunications. In order to transpose Council Resolution of 17 January 1995 regarding the legal interception of telecommunications, a legal act will be drafted regulating the technical rights, restrictions and obligations of all the authorized offices, network operators and service suppliers in case of legal interceptions of telecommunications.
By the end of 2003, a technical Bureau for legal interception of telecommunications will be established within the Section for fighting against corruption and organized crime within the Prosecutor’s Office to the Supreme Court of Justice.
The legislation in force partly complies with the acquis communautaire. Improving the infrastructure and institutional strengthening are important steps to be taken in this field.
The legal acts in this field are: Law no 143/2000 combating the drugs illicit trafficking and use and Emergency Ordinance no 105/2001 regarding the state border of Romania.
These legal acts:
regulate all the offences regarding trafficking in drugs and use, provided for by the acquis;
establish severe penalties, according to the seriousness of the offences, mainly imprisonment;
stipulate the controlled supply according to the provisions of the 1998 UN Convention;
introduce the use of undercover investigators in combating drug trafficking networks;
regulate the measures to be adopted against persons attempting to bring in medicines containing narcotics and psychotropic substances in larger quantities than needed for personal medical care.
A regulation for implementing the law and defining its main actions was approved by Government Decision no 1359/2000.
Law 118/1992 ratified the 1971 UN Convention regarding psychotropic substances and the 1988 UN Convention on fighting against drug trafficking. Law 143/2000 has enclosed the provisions of these Conventions.
Drug legislation also includes Law 73/1969 on the regime of narcotic drugs and products which penalises the production, possession and any other act regarding the distribution of narcotic drugs and products, cultivating plants for drugs extraction the unjustified medical prescription of narcotic drugs, as well as establishing or allowing drug use in certain places. The law complies with the 1961 Single Convention regarding the narcotic drugs. The Instructions No. 103/1970 implementing Law No. 73/69 regarding the regime of narcotic drugs and products stipulates the main actions in the field.
The institutions responsible with the enforcement of the relevant legislation are: the General Directorate for Combating the Organized Crime and Antidrug within the Romanian Police, the Directorate for Combating the Trans-border Criminality within the Romanian Border Police, the General Directorate of Customs, within the Ministry of Public Finance, as well the Ministry of Health and Family.
The Minister of Industry and Trade Order no 36/C/1999 regarding the import-export regime of goods (completing Order no 150/1992) and Decree no 466/1979 regarding the regime of toxic substances and products partly regulate the manoeuvres with chemical essential substances and precursors.
The activity of the Antidrug Brigade within the General Directorate of Combating Organized Crime and Antidrug is focused on combating the illicit traffic and use of narcotic drugs and psychotropic substances, on tracking down clandestine laboratories and fighting against illicit growth of plants containing psychotropic and narcotic substances. Specialized structures for combating drug illicit trafficking and use directly subordinated to the central unit operate within the territorial and municipality of Bucharest centres.
The laboratory for the chemical analysis of drugs within the General Directorate for Combating Organized Crime and Antidrug analyses the drugs on material exhibit, even on short notice.
The legislation in force requests the analysis of biological samples from presumed drug dealers or users, but only the medical report issued by the Legal Medicine Institutes has legal force. The toxicology laboratories within the Legal Medicine Institutes are legally charged with the analysis of the biological samples from presumed users or drug dealers at the request of penal investigators, relatives and hospitals in case of medical emergencies or detoxifying procedures. Only the Toxicology Laboratory within the National Institute for Legal Medicine owns the minimum-level equipment for the toxicological analysis of biological samples.
The Legal Medicine Institutes annually report the situation regarding the analysis of psychoactive substances (including drugs) on samples taken from persons alive and deceased to the Ministry of Health and Family, Ministry of Interior, Ministry of Justice and also to Public Ministry.
A drug-related data analysis unit functions within the General Directorate for Combating Organized Crime and Antidrug. This unit is the interface between the Romanian Police and other domestic and international organisms involved in fighting against drug spread and use. A drug-related database has been established within the Unit.
In Romania, the drug addiction is treated in centres belonging to the Ministry of Health and Family. The overdoses are dealt with in hospitals, in the intensive care wards and emergency wards. In Romania, rehabilitation is done by replacing drugs with a substitute such as methadone or using other substances. Three rehabilitation centres use the first method while the second one is performed by the psychiatric hospitals. For the time being, only two centres in Romania are dealing with the post-treatment while the maintaining treatment with methadone is completed by one centre in Bucharest. The developing of the treatment facilities for severe intoxications, of the rehabilitation centres both for adults and children, of the post-treatment and psycho-social rehabilitation centres and of the centres using methadone for the maintaining treatment are the main priorities for the near future.
The prevention of drug use is regulated by the Common Order of the Minister of Interior, Minister of Health and Family, Minister of Education and Research, Minister of Youth and Sports and Minister of Public Administration organizing the prevention of illicit drug use, published in the Romanian Official Gazette no 581, of 17 September 2001.
As far as the international co-operation related to the fight against illicit drug trafficking and use is concerned, the Romanian authorities in the field co-operate on a regular basis with the similar police units of other states, whether under bilateral agreements or in the framework of Regional Centre for Combating Trans-border Criminality, exchanging information, and benefiting of logistic support and training.
Referring to the measures to address the drug tourism problem within the EU, Law no 143/2000 regulating the fight against drug trafficking and use does not include specific requirements regarding the tourism for drug use, but only general provisions.
The main aim of the Romanian strategy in the field is reducing drug demand. The implementation of this Strategy reaped as results:
The setting up by Government Decision no 763/2001 (Official Gazette 490/23.08.2001) of the National Committee for Crime Prevention, an inter-ministerial body, without legal status, directly subordinated to the Prime minister and co-ordinated by the Minister of Justice. Several institutions are represented to the Committee by a Secretary of State: the Ministry of Justice, the Ministry of Internal Affairs, the Ministry of Foreign Affairs, the Ministry of European Integration, the Ministry of Public Finance, the Ministry of Public Administration, the Ministry of Communications and Information Technology, the Ministry of Public Information, the Ministry of Development and Prognosis, the Ministry of Education and Research, the Ministry of Health and Family, the Ministry of Culture and Cults, the Supervision Body of the Prime-minister, the National Authority for Child Protection and Adoption, the Council for the National Minorities, and the Foreign Intelligence Service.
The increasing of the Ministry of Interior budget according to Government Decision no 664/2001 for preventing drug trafficking and use.
The adoption, in September 2001, of the Common Order of the Minister of Interior, Minister of Health and Family, Minister of Public Administration, Minister of Education and Research and Minister of Youth and Sports regarding the prevention of illicit drug use.
Since 1998, Romania has been annually issuing and transmitting the National Report on drugs to the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) – Lisbon.
Starting with 2001, Romania has been benefiting of PHARE technical assistance in order to institutionalise the National Focal Point (NFP) in the field of drugs according to the acquis,. The PHARE projects are:
1. Fight against drugs (PHARE 2000);
2. Cooperation project between the European Monitoring Centre for Drugs and Drug Addiction and the Central and Eastern European states. (1998 PHARE Multi-beneficiary project).
Alignment with the acquis communautaire
The Law regarding the legal regime of essential chemical substances and precursors will be adopted by the end of 2001.
An essential goal for 2002 is the adoption of a relevant National Antidrug Strategy whose result is expected to be the reduction of both supply and demand. On its basis, several actions need to be taken:
to set up an expert body specialised in the field of designing the chemical pattern of drugs seized on the Romanian territory and in tracking down clandestine laboratories;
to provide the Antidrug Central Laboratory with standards and highly analytical equipment for the design of the drugs chemical profile;
to amend Government Decision 534/1999 regarding the Inter-ministerial Committee for Fight Against Drugs in order to make it operational;
the setting up of the National Focal Point as an independent institution.
Romania will take part to the risk assessment and control of the new synthetic drugs (Early Warning System).
By accession, a decision of the General Director of the Customs General Directorate will be issued in order to improve and accelerate the information exchange, the co-ordination of operational activities and to enhance the procedures in case of drug tourism.
Romania is party to several international agreements and conventions on fighting against terrorism, among which: the European Convention for Suppression of Terrorism, Strasbourg, 1977, ratified by Law 19/1997; the International Convention against Hostage, New York, 1979, ratified by Decree-Law 111/1990; the Convention on the Marking of Plastic Explosives for the Purpose of Detection, Montreal, 1991, ratified by Law 139/1998; the European Convention on the Control of Private Fire Arms Acquisition and Detain, Strasbourg, 1978, ratified by Law 116/1997. The International Convention for the Suppression of Terrorist Bombings (New York, 1998) and the International Convention for the Suppression of the Financing of Terrorism (New York, 1999) will be ratified in 2002.
In full compliance with the provisions stipulated by the international Conventions and Treaties, Romania is determined to prevent and combat any kind of risks and threats associated to terrorism.
The requirements of the international legal acts in the field are included by the domestic legislation, according to the provisions of article 11 indent 2 of the Romanian Constitution stipulating "the treaties ratified by the Parliament are legally part of the domestic law".
The legal framework of counter-terrorism activity comply with the obligations assumed by Romania under the international conventions and treaties.
In order to harmonize the counter-terrorism activities, Romania concluded several bilateral agreements:
Agreement with Germany concerning the co-operation in countering the organized crime, terrorism and other penal acts of extreme gravity, concluded the 15 October 1996 and ratified by Government Decision no 80/1997;
Agreement with the United Kingdom of Great Britain and Northern Ireland concerning the retaining and confiscation of the goods resulted and the means used in committing the infractions, concluded the 14 November 1995 and ratified by Law 136/1997;
Agreement with the French Republic concerning the co-operation in the field of internal affairs concluded the 21 February 1997 and ratified by Law 147/1997;
Agreement with the Republic of Hungary concerning the co-operation against organized crime, terrorism and trafficking in drugs, concluded the 19 February 1997 and ratified by Government Decision no 271/1997;
Memorandum of agreement with the Government of the United Kingdom of Great Britain and Northern Ireland concerning the co-operation against organized crime and illicit trafficking in narcotic drugs and psychotropic substances, concluded the 14 November 1995 and ratified by Law 148/1997;
Based on the protocols concluded between agencies, Romania co-operates with: Austria, Belgium, France, Italy, Holland, Germany, Spain, Portugal, Greece, Hungary, Czech Republic, Poland.
According to Law 14/1992, the activity of preventing and fighting against terrorism is coordinated by the Supreme Council for Defence and is carried out by the Romanian Intelligence Service in cooperation with other relevant bodies of the national defence system.
Law 51/1991 on the national security of Romania defines as threats to the national security:
any action endangering life, physical integrity or health of the persons accomplishing significant state duties or of the representatives of other states or international organizations whose protection must be ensured during their stay in Romania, according to the law, to the treaties or conventions agreed upon, as well as to the international practice;
the terrorist acts, as well as the initiation or support, by any means, of the activities whose purpose is the perpetration of such actions;
any kind of attack against a community.
Government Ordinance 141/2001 on the punishment of terrorism and other acts of public order breaches represents the special law in the counter-terrorism field.
The Ordinance defines as terrorist activities the bringing in/spreading, or the menace of bringing in/spreading - in the air, on the ground, under ground or in the water - of products, substances, micro-organisms or toxins endangering life, environment or public order.
Romania is associated to the EU Action Plan on countering the terrorism and has signed the Final Declaration adopted by the extended European Conference, held in Brussels, the 20 October 2001. Consequently, Romania is committed to adopt the necessary measures enforcing the provisions of the UN Security Council Resolution No. 1373/2001 and ratify the UN Convention for the suppression of the financing of terrorism.
On 14 November 2001, the Romanian Government approved the draft Emergency Ordinance on preventing and countering the use of the financial-banking system for financing terrorist activities. According to the EGO, providing, obtaining or raising funds for committing terrorist acts is an law infringement.
The legislative initiatives regarding the national security, the organization and functioning of the Supreme Council of Defence and of the Romanian Intelligence Service are meant to give efficiency to the counter-terrorism activities and to assure a better interoperability with the European similar structures.
Taking into account the current international context the Supreme Council of Defence has decided to appoint the Romanian Intelligence Service as the national authority for preventing and countering terrorism, in order to improve the coordination of the relevant institutions.
According to the legislation in force, the Inspectorate for Preventing and Countering Terrorism (within the Romanian Intelligence Service) carries out informative and intervention activities. A special structure within the Inspectorate for Preventing and Countering Terrorism functions as central contact point.
In order to fulfil its specific missions, the Inspectorate for Preventing and Countering Terrorism is constantly co-operating with specialized structures at international level. The general framework for the co-operation activities is provided by the agreements and protocols concluded with similar institutions from member states and candidate countries.
Alignment with the acquis communautaire
The Government Emergency Ordinance on preventing and countering the using of the financial-banking system for financing terrorist activities will enter into force by the end of 2001.
8. Police co-operation
According to the provisions of Law no 26/1994, article 1, regarding the Romanian Police organization and functioning and to the Emergency Ordinance no 104/2001 regarding the Romanian Border Police organization and functioning, the General Inspectorate of the Police and the General Inspectorate of the Border Police are the institutions exercising their functions on the national territory and at the national borders. Their main activities are: protecting the fundamental rights of the citizens, the public and private goods, preventing and identifying offences, maintaining public order and safety as well as the surveillance and control of the state border, preventing and combating illegal migration and other specific trans-border offences, assuring the public order to the border-crossing points.
The Border Police co-operates with the relevant institutions in the public order and national safety field and co-operates with similar institutions from other states according to the international conventions.
The future police officers are recruited at national level, on the following criteria: Romanian citizenship, permanent place of residence within Romania, high school degree, physical performances according to standards, a very good physical and mental health (the applicants have to pass a psychological test), no criminal record, a good conduct, no political affiliation.
The Romanian Police employees are trained both in educational centres belonging to the Ministry of Interior and in other countries especially Member States, according to the bilateral agreements and within the activities stipulated by the Twinning Covenant RO98/IB/INT.01.a, having as partners United Kingdom, France and Spain.
The police officers training follows the main criminality trends and it is carried out by the Police Academy “Alexandru Ioan Cuza” for the officers (4 year duration and a law school degree) and by the training centres for NCOS in Câmpina (duration – 18 months), Slatina and Sibiu.
Romania is party to all the international legal acts regarding the police co-operation; it is a founding member of Interpol and will sign a co-operation agreement with EUROPOL regarding every co-operation field, at every level of co-operation with third countries.
Romania hosts the Regional Centre for combating trans-border criminality, is party to the agreement regarding co-operation for fighting against trans-border criminality, signed by 11 states from the region, is party to the Cooperation Agreement for Combating Organized Crime within the Cooperation Process of Black Sea, has signed trilateral agreements with Greece, Bulgaria, Turkey, Moldavia and Ukraine regarding co-operation for fighting against organized crime and has a significant portfolio of bilateral agreements on police cooperation, where the EU Member States play an important role ( Annex: the list of the agreements in force). The Ministry of Interior has recently adopted a framework agreement, complying with the acquis communautaire, allowing Romania to start and run negotiations with any state and at any level in order to establish the legal frame necessary to combat the organized crime, the illicit trafficking of narcotic drugs, psychotropic substances and precursors, the terrorism and any other serious offences.
In Romania, the Penal Procedure Code is the legal framework regarding the exchange of DNA analyses results and regulates the activity of the penal research employees with respect to the means of evidence.
In Romania, the Penal Procedure Code is the legal framework that regulates the activity of the penal research employees with respect to the task of administrating the evidence and the means of evidence.
The legal acts regarding the prevention and control in case of violence and disorders caused by sport events as well as in case of motorcycle gangs that may commit offences are:
the Penal Code
Law 61/1991 penalising the violation of public order and social standards;
Law 60/1991 regarding the organization and taking place of the public assemblies;
Law 116/1998 regarding the organization and functioning of the Romanian Gendarmerie.
Law 61/1991 penalises the acts disturbing the public order in case of public meetings, such as: sport events, cultural and artistic events, and demonstrations.
Law 60/1991 regulates the rules that must be observed in case of public assemblies, as well as the ways to maintain the public order during such events. The law stipulates that the public reunions must be peaceful, and should protect the participants and the environment.
Law 60/1991 partly transpose the relevant acquis, especially when regulating the legal frame for developing the information exchange among the law enforcement agencies and does not include the liaison officer institution in this type of activity.
The Legal institution of internal affairs attaché and the liaison officer has been separately stipulated.
Neither Law 60/1991 nor Law 61/1992 includes provisions regarding the international police cooperation or the staff training.
Romania ratified, by Law No. 53/1998, the European Convention regarding the violence and uncontrolled behaviour of the spectators during sport events, especially during football matches.
According to Law 53/1998, the Romanian Gendarmerie along with the Romanian Federation of Football drew up the “Instructions for ensuring an appropriate organization of the football games”.
Within the Ministry of Interior specialised structures deal with the operational analyses of the criminality and the exchange of information (Offices for analysis, assessment and resources planning, the operational registration units, the National Bureau of Interpol and International Relations – which represent the interface of the international police cooperation). At the same time these units ensure the information transmission as far as the criminality is concerned.
The responsible institutions for the implementation of the harmonized legislation regarding the DNA analysis are the Inspectorate General of the Police – Forensic Institute and the National Institute for Legal Medicine – Bucharest.
The institutions responsible for the enforcement of the harmonized legislation regarding the re-establishment and maintenance of the public order and security are the General Inspectorate of Police – the Directorate of Public Order Police and the Gendarmerie Headquarters.
Special mobile units were set up for maintaining the public order in case of cultural and sport activities and large meetings as well as for re-establishing the public order when disturbed.
With the financial support of the French Government the Training School for the Gendarmes Officers has been set up.
Alignment with the acquis communautaire
During the first semester of 2002 two draft laws will be adopted. The draft laws concern the organization and functioning of the Romanian Police and the Statute of the Police officer and will assure the civil character of the police and its compliance with the European standards.
The draft law regarding the protection of individuals against the processing and free movement of personal data, to be adopted in the fourth quarter of 2001, will establish the legal institutional framework necessary to broaden the cooperation in the field of law enforcement, at national and international level.
Other goals are: strengthening the capacity of the Romanian Police to approach and work out the issues concerning the criminality management and control, as well as the interoperability with the EU and neighbouring countries police systems.
During the first semester of 2002:
the provisions of the Police Cooperation Manual will be adopted by all the Romanian institutions charged with the public order maintaining during international football matches;
the liaison officer institution in charge with law, order and security enforcement will be established,
the National Commission for Fighting Against Violence in Sport will be set up. All the institutions with responsibilities in the field will be represented. Among others, the Commission functioning statute will stipulate the fight against hooliganism and violence on football stadiums;
the article 3 of the Law 60/1991 will be amended for prior announcement of the international sports events .
During the second semester of 2002, the institutions involved in assuring the public order will set up a database on all known persons having records regarding antisocial conduct during sport competitions, as well as on persons known as belonging to motorcycle gangs that may commit offences.
During the first semester of 2003 within the Forensic Institute – GIP a molecular genetics laboratory will be set up and equipped, and the equipment of the DNA laboratory within the National Institute for Legal Medicine will be modernized.
Concerning the EU Council Resolution regarding the radio communications, a new form of the National Table of Frequency Bands Allotments (NTFBA) has been drafted with the support of an international consultant (Eurostrategies, Belgium).
The new NTFBA fully complies with the common European Table of the frequency bands utilisation (ECA) and it will be completed during 2002. It will be enforced after completing and implementing the migration plan which aims to give up all utilisations, which do not comply with in the ECA table.
Order no 340/2001 of the Minister of Communications and Information Technology has been adopted forbidding the frequency assigning for any nongovernmental radio communication service, which, in the respective frequency band, can be found in NTFBA but not in ECA table or it can be found in ECA table but it has a different status.
As regards the standardization digital pan-European systems for emergency services, Romania observes the Schengen Group recommendations and the decisions of the European Radio Communications Committee. At national level, a digital system of TETRAPOL type for public order and emergency services is operating. For full compliance with the acquis, the digital system pilot station for radio communications operating in Southern Romania needs to be extended at national level (emergency and utilities services).
9. Customs Co-operation
Co-operation in the field of justice and home affairs also involves customs co-operation, a key component in the fight against frauds, combating trafficking in drugs and information exchange.
The basic legislation in customs field is provided by the Customs Code and the Regulations on the Application of the Customs Code, adopted by Law No.141/1997 and Government Decision No.1114/09.11.2001 respectively. The field is developed in detail in Chapter 25 – Customs Union.
The Government Decision No.1114/2001 also harmonizes the Romanian legislation with the acquis communautaire in the field of the exchange of information necessary for the prevention and combating customs fraud. The Directorate for Customs Surveillance and Fight against Customs Fraud is the unit in charge with the tasks incumbent to the General Customs Directorate according to the international agreements and conventions in the customs field.
Progress has been made in the process of legislative harmonization in the domain of counterfeit and pirated goods, by the adoption of Law No.202/13.11.2001 concerning some measures to ensure the intellectual property rights observance during customs clearing operations. To this respect, the conclusion of co-operation protocols with the State Office for Inventions and Marks and the Romanian Copyright Office is worth mentioning.
Co-operation with the customs administrations of the Member States of the European Union is carried out within the framework of Protocol 6 on mutual assistance in customs matters, part of the European Agreement.
The General Customs Directorate within the Ministry of Public Finances is the enforcement agency of the legislation in force.
The personnel of the Romanian Customs Administration, amounting to a total of 4,351 employees, attend professional training courses, according to their specialization and to the operational local needs.
The tasks of the customs staff include, among others: conducting controls, follow-up and surveillance of the observance of customs legislation all over the territory of the country, participation in ensuring application of customs provisions in the international conventions and treaties to which Romania is party, prevention and combating the illicit trafficking in drugs, arms, explosives, national cultural heritage objects, as well as in cases of money laundering through customs operations etc.; the finality of these prerogatives is represented by a faster alignment to the Community customs legislation.
According to the legislation in force, the customs officers do not have material competence to investigate customs offences. Nevertheless, according to the attributions they have concerning detection, prevention and investigation of frauds, as set by the Regulations of Organization and Functioning of the General Customs Directorate, approved by Order of the Minister of Public Finances No.688/17 April 2001, they have the obligation to inform the prosecutors in the case in which there are indications that an offence was committed.
The norms of the Convention on the use of information technology for customs purposes are partially included in the Regulations of Organization and Functioning of the General Customs Directorate, adopted by Order of the Minister of Public Finances no 688/2001.
The use of the Integrated Customs IT System is ruled as per the Government Decision No.1114/2001 and the Government Decision No.170/2001. The period for storing the information was established at 5 years as regards the customs declarations, with a possibility of extension to 10 years for the statistics grounding of the decision-making and prognosis process. The provisions also include the possibility to annually review the need to store the data.
92% of the staff of the Romanian Customs Administration are connected to the computerized system, as follows:
at central level, 240 staff in the IT field, management, customs surveillance and control, budget, customs legislation and procedures, management of documents;
at regional level, 580 staff are connected to the system, in their specific domains, similar to those at the central level;
at operational level/customs offices, 2,900 staff use the computer to carry out their tasks (customs inspectors, cashiers, accountants, officers working in transit or management of documents).
In the border customs offices, the staff working in shifts has access to computers (1,680 working stations) according to the specificity of their job.
According to the Monti doctrine, to the strategy and reform concept of the Romanian Customs Administration, to the customs Blueprints (the need-based analysis), to the discussions within Subcommittee No.8, the Integrated Customs Information System at the present level of coverage and development observes the compatibility criteria with the computerized systems of the European Union as regards:
The IT management policy (level of representation, strategy, organizational, human resources, professional training, functionalities, priorities and budgetary financing, audit and security)
IT technological policy (operation systems: UNIX, Oracle, Asycuda, standard documentation ISO 9000, quality ensuring methodology, EDI systems, IT systems compatible with the information systems of the European Union;
IT application policy – the system for computerized processing of SAD, the national transit system implemented as to cover TIR, TI, SAD, the automated system for collecting the customs debt and bookkeeping, the computerized selectivity system, implementation and evolution of MIS, the computerized system of foreign trade data for statistics purpose, integrated into the Integrated Customs Information System;
Operational policy – acceptances, documentations, assessment/audit, maintenance, etc.
The Integrated Customs Information System supports the activities for preventing and investigating the offences, by co-operation and fast exchange of information with the state agencies competent in the criminal judicial inquiry and prosecution of major offences. The central database includes categories of information concerning goods, means of transport, transactions, persons, as required by the Convention of 26 July 1995, elaborated on the basis of Article K3 of the Treaty on the European Union on use of the information technology for customs purposes. This system has security procedures and mechanisms implemented (regulated by internal norms) able to prevent unauthorized access, reading, copying, changing or deleting the data. All accesses and operations of each user with the database are monitored.
Concrete co-operation programmes were developed between the Customs Administration and the Ministry of Interior, as well as with other agencies (Ministry of Justice, the Public Ministry, Ministry of Health and Family, the National Office for Prevention and Combating of Money Laundering) with a view to strengthen the institutional capacity for diminishing the demand and supply of drugs and for combating corruption and money laundering.
Between the Ministry of Interior – the General Inspectorate of the Border Police and the Ministry of Public Finances – the General Customs Directorate, on 13 June 2001, the Protocol on co-operation of the agencies working at the cross border posts, was signed, within the project Trade and Transport Facilitation in South-eastern Europe, joined also by the Ministry of Public Works, Transport and Housing and the Ministry of Agriculture, Food and Forest.
On 12 June 2001 between the Ministry of Interior – the General Police Inspectorate and the General Customs Directorate, another Protocol of co-operation was signed, concerning getting and exchanging information on starting, preparing and developing operations typical for organized crime, aiming mainly at the traffic of human beings, the international traffic with stolen cars, the forged money, travel checks and credit card traffic, and the illegal operations with strategic and nuclear materials.
In the spirit of the Joint Action concerning co-operation between customs authorities and business organizations for combating drugs traffic, the General Customs Directorate concluded a Protocol of co-operation with DHL Romania International. To support this initiative, a Risk Analysis Office was set up and works within the General Customs Directorate.
The Directorate for Customs Surveillance and Fight against Customs Fraud within the General Customs Directorate includes an Office for combating the drugs traffic and special regime products; the experts of which have competences in starting, maintaining, applying and developing the Memoranda of Understanding between the customs administration and the business organizations.
The Romanian Customs Administration assists and supports the activity of the Regional Centre of the South-East Cooperation Initiative (SECI) for Prevention and Combating Trans-border Crime for a better co-operation in the field of exchanging information between the Customs Administrations and Ministries of Interior of the 11 countries that signed the Agreement of Co-operation.
At the beginning of the current year, for the purpose of improving the general efficiency of the Romanian Customs services, the General Customs Directorate was reorganized in four directorates and four independent divisions with precise prerogatives, mentioned in the Regulations of Organization and Functioning.
The new structure includes an Office for Audit and Internal Control, whose tasks cover, among other things, examination of the legal character, regularity and compliance of the customs operations, identification of errors, faulty administration and frauds.
Alignment with the acquis communautaire
A legal act, similar to the Convention on the use of information technology for customs purposes will be adopted by 31 December 2002, containing an Article similar to Article 16 of the Convention, while the temporary application process for the entering into force will follow the same stages and restrictions as those stated in the Community act.
Establishing the computerized system will take place during the same year, including achievement of an integrated administration system, with functionalities of ensuring security of access to information and the integrated customs system will be developed by implementing new functionalities.
Modification of internal regulations of the General Customs Directorate concerning customs surveillance common actions with the Community customs administrations is scheduled to take place by 31 December 2005.
According to the evolution of the operational situation, Romania will align with the Common Action of 29 November 1996 concerning co-operation between the customs authorities and the business organizations in combating the drugs traffic through concluding co-operation protocols.
By the time of accession within the Romanian Customs Administration units will be set up, in charge with receiving all assistance requests, and liaison officers will be appointed in charge with speeding up the exchange of information. At the same time, Protocols of co-operation will be concluded with domestic and international business organizations, for the purpose of enhancing the exchange of information for combating customs fraud and the Manual for joint operations of customs surveillance will be adopted, containing concrete provisions on practical ways of implementing the exchange of information necessary for preventing and combating customs fraud.
With a view to complete taking over the Community normative acts in the field of use of the information technology, by 30 May 2004, the achievement and implementation of the computerized component for support of the activity of ensuring observance of the intellectual property and of limiting the counterfeit goods traffic, the component of support for the post - clearance control and intelligence activities, will be fulfilled by developing and implementing the computerized component of support for the customs surveillance and control.
The Phare’98 Programme is in the implementation stage, of supporting the existent functionalities and developing other, new ones (management of the manifest, simplified procedures, SAD, monitoring the suspensive procedures, post entry control etc.)
The PHARE 2001 Programme will focus on the implementation of the European Union systems NCTS and TARIC, as well as on the development of its other components.
10. Judicial co-operation in criminal matters
Romania is already Party to important European conventions in this area (see the Annex 2) and is developing judicial and juridical reports based on these conventions.
Law No. 296/2001 regarding extradition was adopted in order to facilitate the application of these international documents, which modernized and updated provisions in domestic law in this area, harmonized with European Convention on extradition and provisions of the new Constitution from 1991. In the drafting this law provisions from important international documents in the matter of international criminal cooperation, such as International Penal Court Statute, Rome 1998 have been taken into consideration. The Romanian Constitution and the Law No. 296/2001 forbid the extradition of Romanian citizens.
The refusal for extradition of own nationals or political refugee oblige the Romanian state, at the request of requesting state, to submit the case to its competent judicial authorities, so that proceedings could be taken if they are considered appropriate. For this purpose, the files, information and exhibits relating to the offence will be transmitted by the requesting state to the Ministry of Justice free of charge. The requesting Party will be informed of the result of its request.
If Romania is opting for the refusal of extradition of an alien, accused or convicted in another state for serious offences or for those provided by international conventions, which do not impose another way of repression, the examination of its own competencies and exercise of the penal action will start ex officio, without delay and exception. The requested Romanian authorities decide under the same conditions as for serious offences provided and punished by the Romanian law.
The Romanian law provides as a condition for extradition double criminality. There are not regarded as political offences, from case to case, the offences referred to in Articles 1 and 2 of the European Convention on the Suppression of Terrorism, conspiracy or association to commit offences referred to in Articles 1 and 2 of the European Convention on the Suppression of Terrorism, or if the association is meant for committing offences in the field of drug trafficking and other forms of organized crime. The application of the provisions related to political offences does not affect the obligations assumed by the Romanian State or those who will be assumed according to any multilateral international convention.
When a new legal instrument regarding extradition will be adopted within EU, Romania will take into consideration the provisions of the legal instrument for an eventual modification of the legal framework.
With the same purpose, to facilitate the implementation of the European Conventions in the field, two other draft laws have been elaborated, regarding mutual assistance and transfer of convicted persons, which have been adopted by the Government and submitted to the Parliament.
The internal formalities (elaboration of laws for ratification and legal acts for completion and modification of legal framework in force) for important legal instruments signed by Romania (see the Annex 2) are in course of completion.
A series of bilateral agreements, new agreements as well as the modernization of those in force, that Romania is to conclude with other states outside the European area, are in course of completion, through negotiations or ratification,
In order to participate to the Horizontal PHARE Programme for JHA, programme dedicated to the candidate countries to accession, a network of national correspondents was set up for judiciary and judicial international co-operation, composed of judges and prosecutors in charge with efficient and unitary enforcement of the international conventions.
Alignment with the acquis communautaire
The draft laws regarding the judicial assistance in criminal matter and the transfer of convicted persons, which transpose into the national legislation the provisions of the European conventions will be adopted by the end of 2001 and will enter into force upon accession.
The draft laws regarding the ratification of the Penal Convention on Corruption and Civil Convention on Corruption will be adopted by the end of 2001.
The formalities necessary for acquiring the status of full-rights Member State within the Working Group for combating corruption in the international commercial transactions have already been transmitted. The OECD answer is being waited, taking into account that the accession to the convention in this system cannot be made without being a Member State.
The draft law for ratification of the UN Convention against trans-national organized crime and its two additional Protocols, New York 2000, will be adopted in the second semester of 2002. The draft law for ratification of International Penal Court Statute, Rome 1998, will be adopted in the second semester of 2002.
Romanian accepts the acquis communautaire in the field of judicial co-operation in criminal matter and will join the conventions concluded between EU Member States after the accession to the EU.
11. Judicial co-operation in civil matters
The Romanian legal framework is offering solutions for the regulation of private international law report by Law No.105/1992, which is the rule in the matter, when there are no other solutions regulated by conventions.
The Law No.105/1992 is harmonized, to a great extent, with the provisions of Brussels and Lugano Conventions governing the recognition and execution of judicial decision in the acquis communautaire. The Law is harmonized with the provisions of the Convention regarding the law applicable to contractual obligations, Rome 1980.
Provisions regarding international co-operation in civil and commercial matter are governed by many multilateral and bilateral conventions mentioned in the annex 3.
In this matter, according to art. 11 par. 2 of the Romanian Constitution, international conventions to which Romania is Party are of immediate applicability.
The training of magistrates for enforcement of law in the field of judicial co-operation in civil matters is made through the yearly training programme on the National Institute for Magistrates, through training courses after graduation (initial training).
Also, for the magistrates in charge, in different stages of their career (continuing training), in the framework of PHARE programmes, seminars of training in the field of European Law are monthly organized, for approximately 1,000 judges, representing one third out of total number.
Alignment with the acquis communautaire
For the facilitation of application of international conventions to which Romania is Party, legal acts with general character (draft law international judicial assistance in civil matter) and with special character (a legal act for the application of Hague Convention 1980 on the Civil Aspects of International Child Abduction), will be elaborated and adopted until the fourth quarter of 2002.
In the last quarter of 2002, the European Convention on the Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children (Luxembourg, 25 May 1980) will be ratified.
The internal formalities for the adoption of 3 important conventions from Hague Conference on private international law (on Taking the evidence Abroad in Civil or Commercial Matters, 1970, on the Service Abroad of Judicial and Extra judicial Documents in Civil or Commercial Matters, 1965, on International Access to Justice, 1980) will be completed until the fourth quarter of 2002.
These are some of Romania’s international activities for the harmonization of legislation in the field of judicial and juridical cooperation with the acquis communautaire, in order to be Party to the conventions in this system after the accession.
Romania will observe the evolution of the acquis communautaire in the area of judicial cooperation in civil matters. The provisions of Regulation 44/2001, the legal act that will replace the Brussels Convention, will be taken into consideration at the completion and modernization of national regulations regarding recognition and execution of judicial decisions in civil and commercial matter, until the fourth quarter of 2002.
12. The Judiciary
According to the Romanian Constitution, the courts, the Superior Council of Magistrature and the Public Ministry are included in the judicial authority.
The Judges are independent and subject to the law. Justice is administered by the Supreme Court of Justice and other courts established by the law. Judges appointed by the President of Romania are irremovable, according to the law. The President and other Judges of the Supreme Court of Justice are appointed for a term of six years and may be reinvested in office.
The Superior Council of the Magistrature consists of magistrates elected for a term of four years by the Chamber of Deputies and the Senate, in a joint session. The Superior Council of Magistrature proposes to the President of Romania the appointment office of the judges and public prosecutors, except for those on probation. In this case, the proceedings are presided by the Minister of Justice, who will have no right to vote.
The Superior Council of Magistrature performs the role of a disciplinary council for Judges, in which case proceedings shall be presided by the President of the Supreme Court of Justice. Only the Superior Council of the Magistrature, in accordance with the law, may decide upon promotion, transfer and sanctions against Judges.
The Public Ministry is included in the judicial authority, according to the Romanian Constitution and Law No. 92/1992 on judicial organization, along with the courts and the Superior Council of Magistrature.
The Public Ministry exercises its powers through public prosecutors, which are magistrates, organized in public prosecutor's office to each court of law, under the authority of the Minister of Justice. The Public Ministry is independent in its relations with other public authorities and it exercises its powers only on the basis of the law and for ensuring its observance.
The legal framework on judicial organization is made by the Law No. 92/1992 on judicial organization with its subsequent modifications. According to the Law, the Judges are irremovable, this statute representing the guarantee of the independence of the judicial power relative to the executive power. The irremovability guarantees the fact that any interference could not be made to the act of justice and the transfer of the magistrates can be made only with their consent.
The office of magistrates is incompatible with any other public or private office, except for higher educational didactic functions.
The Law acknowledges the principle of separation of judicial power from the other powers of the State. Its own prerogatives are exercised in courts of law, in accordance with the principles and dispositions provided in the Constitution and other laws of the country.
The Law No. 92/1992 on judicial organization will be amended by the end of the year 2002.
Details about the administrative capacity are included in annex 1.
13. Human rights instruments
In this field, Romania has ratified the European Convention on Human Rights and Fundamental Freedoms, the Additional Protocol, Protocols 4, 6 and 7 by Law No. 30/1994, and the International Convention on Eliminating all Forms of Racial Discrimination, ratified by Decree 345/1970.
By Law No. 80/1997, the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, adopted at Strasbourg on 26 November 1987 was ratified, as well as the Protocols No. 1 and 2 to the convention, adopted in Strasbourg on 4 November 1993.
By Law No. 19/1990, Romania has joined the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, adopted in New York in 1984.
With regard to the transposition of the provisions of the Council Decision on Combating Child Pornography on the Internet, legal regulations for incrimination have not been adopted. However, Art 325 of the Penal Code of Law on the dissemination of obscene materials and Art 202 of the Penal Code on sexual corruption incriminate any form of child exploitation including sexual one.
Under the current socio-political circumstances in Romania, the child protection issue represents a national priority, managed by the Romanian Government through the National Authority for Child Protection and Adoption, specialised body of the central public administration, established by virtue of the Emergency Ordinance No. 12/2001, approved by Law No. 252/2001, which is under the direct coordination of the minister for the coordination of the General Secretariat of the Government.
By Prime Minister’s Decision No. 401/20.11.2001, the Independent Group for Analysis of the Inter-Country Adoption System was established. According to the provisions of the decision, the Independent Group for Analysis of the Inter-Country Adoption System operates for a period of 3 months from the date of the issuing of the decision, and it has the following attributions:
a) analysing the system of inter-country adoptions operating since the entering into force of the Government’s Emergency Ordinance No. 25/1997 with respect to the legal framework of adoption and making proposals for its improvement;
b) evaluating the inter-country adoption files, found in various stages of solving, and making recommendations with respect to their solving;
c) analysing the unsolved inter-country adoption applications submitted to the Romanian Committee for Adoptions by virtue of the Government’s Emergency Ordinance No. 25/1997 on the legal framework of adoption, and making proposals for their solving;
d) analysing the institutional capacity of the National Authority for Child Protection and Adoption and of the Romanian Committee for Adoptions for solving inter-country adoption cases, and proposing solutions for its improvement.
Taking into consideration Romania’s commitment to the complex process of EU accession, an objective inexorably linked to the observance of the political criteria laid down in Copenhagen concerning the observance of human rights, with a special emphasis on the rights of the child, this led to adopting the Government Decision no 539/2001 for approving the Government Strategy concerning the protection of the child in difficulty (2001-2004).
This piece of legislation aims at adapting the policies in the field of the protection and promotion of the rights of the child to the requirements implied by Romania’s new stage in the process of EU accession.
The Government Strategy is elaborated in observance of the provisions of the international conventions and treaties in the field ratified by our country, mentioned in the annex, particularizing, at the same time, the defining and interventional elements according to the Romanian socio-economical and cultural context.
A highly important document for the child protection activity, the Government Strategy is based on the principle of the child’s best interest, the principle of non-discrimination and equal opportunities, the principle of securing a family environment, the principle of decentralization and of making the community accountable for their children, the principle of solidarity, the principle of cross-sectoral and interdisciplinary intervention, the principle of partnership.
The Romanian Government starts from the major political premise of the continuation and deepening of the reform in the field, putting to good use the experience and the positive results obtained so far and paying special attention to the aspects that still give rise to major problems in the system.
The strategy approaches the entire range of issues linked to the protection of the child in difficulty in a comprehensive and coherent manner, aiming at diminishing the role of the central and local authorities in providing services for children in difficulty and at delegating responsibilities to the family and to the community.
Aiming at an accelerated and efficient development of the reform in the field, the text of Law no 18/1990 for the ratification of the UN Convention on the Rights of the Child was revised, the translation of the Convention was adopted, and, by Decree No. 442/2001, the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, signed in New York on the 6 September 2000, ratified by Law 470/2001, was forwarded to the Parliament for ratification.
The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts is to be promulgated by the Presidency.
Since 14 December 2000, the competent central authority, the Romanian Committee for Adoptions, has not issued any repartition regarding the task of identifying a potentially adoptive family for the children in its evidences.
On 22 March 2001, by Decision No. 19, the Romanian Committee for Adoptions abolished the long criticised points system, based on which child repartitions were released. At present, there is practically no legal basis for initiating new inter-country adoptions.
By virtue of Emergency Ordinance No. 121/08.10.2001, all the procedures referring to inter-country adoptions were suspended for a period of 12 months. During this time, the National Authority for Child Protection and Adoption and the Ministry of the Justice shall reanalyse the legal framework of inter-country adoptions, aiming at harmonizing the internal legislation with the international regulations and practices in the field.
Following criticism against a first draft law elaborated by the NACPA in the first part of this year, a working group of the main international partners of the Romanian Government in this field was established (the European Commission, the UNICEF, DFID/ the Government of Great Britain, and USAID/ the Government of the United States), that established a set of principles that the new legislation should observe. Based on these principles, the DFID consultant elaborated a draft law for the NACPA.
This draft was submitted for consultation to the working group previously mentioned, as well as to the Secretariat of the Hague Conference on International Private Law.
Once the new law is adopted and the administrative capacity necessary for its adequate implementation is achieved, inter-country adoption shall be reinstated. Inter-country adoption shall be employed as a last resort solution, after all the other forms of internal care have been exhausted, starting with alternative forms of protection and national adoption.
The entry into force of the Emergency Ordinance No. 123/2001 on the reorganization of the Commission for Child Protection has contributed to the solving of an important problem in the child protection system.
Therefore, in the spirit of the principle of decentralization of services for safeguarding child’s rights, it was considered necessary that the attributions fulfilled by the complex expertise commission for special education and by the county/local medical expertise commission for children with handicap, should be taken over by the Commission for Child Protection, specialised body of the County Council and of the Local Council of the sectors of the municipality of Bucharest.
Alignment with the acquis communautaire
Achieving a coherent and global reform in the field of child protection as well as improving the quality of this protection represents a problem of national concern; the Child’s Act is going to be adopted, a document that will regulate child’s rights in a unitary way, as they are specified in the UN Convention on the Rights of the Child, by differentiating between administrative and judicial protection and by providing special protection measures for the delinquent child.
The Child’s Act will also include the fundamental re-evaluation of the legislation an adoption, which represents a priority of the National Government Programme, adopted by the Romanian Parliament on the 29 December 2000. The Romanian Government shall identify the most adequate measures for encouraging national adoption, aiming, at the same time, at regulating the framework of inter-country adoption, in conformity with the provisions of the UN Convention and with the principles of the Hague Convention.
The regulations concerning the legal framework of adoption included in the Child’s Act shall be based upon the observance, with priority, of the best interest of the child, adoption representing a permanent special measure of protection meant to ensure the family environment necessary for the harmonious growth and development of the child’s personality. The draft Child’s Act is to be adopted by the end of the year 2002.
Transposing the provisions of the Community act regarding the Action for combating trade in human beings and the sexual exploitation of children, of the 24 February 2000, is to be achieved until the 31 December 2003.
By exercising the regulatory function, the National Authority for Child Protection and Adoption shall elaborate the draft law by consulting all the actors involved in the child protection activity, national and international institutions.
Romania will ratify the 12 Protocol of the European Convention on Human rights and his fundamental liberties in 2005.
Regarding the extending of the unique visa form, until the accession to the EU, Romania cannot use a "uniform" visa, but a self one which has to be very close from the point of view of the security elements.
The actual legal framework in this field is presented in annex 3.
The transposing into the national legislation of the Common Principles for Cancellation, Abrogation or Shorting the validity period of the "uniform" visa is accomplished in part by the Law No.123/2001 on the regime of aliens in Romania and the Government Decision No.476/2001 regarding the methodological application norms of this law.
At present, Romania is using at the border cross points rectangular stamps and red ink, this procedure not being harmonized regarding the use of common in and out stamps and the use of two types of inks.
The provisions regarding introducing and applying of the Schengen Agreements in airports and aerodromes are in the Emergency Government Ordinance No.105/2001 regarding the Romanian State Border.
Romania does not exchange statistical data regarding visa issuing, as it is not party to the international Agreements in this field.
Regarding the implementation of a computerized procedure for consulting the central authorities, provided for in art. 17 (2) of the Implementation Covenant, in Romania the harmonization was ensured, by issuing the Emergency Government Ordinance No.105/2001 regarding the Romanian State Border, which provides for the settling of the National Information System regarding the traffic of persons and goods through the border (S.I.F.), which keeps the record, processes and uses the information regarding the traffic of persons and goods on the Romanian territory.
As regards the approval of the document concerning the application procedure of the art.2 (2) by the Implementation Covenant, the Emergency Government Ordinance No.105 /2001 regarding the Romanian State Border stipulates the possibility that, on the basis bilateral document, a regime of elimination of the border control will be set up at the frontier with that state. At present, no such document is concluded.
The fast exchange of statistical data and information about the dysfunction at the external border is made at the level of the Ministry of Interior directly with its similar structures of the states with which cooperation agreements and conventions have been concluded and through the Regional Centre for Cooperation in South-East of Europe against Cross-Border Criminality.
As regards the issuing of visas at the border for foreign sailors, the existence of the institutions and of the control criteria regulated in Romania, at present, is compatible with the Schengen Acquis, but the information component is not established with regard to this aspect with neighbouring countries.
In Romania there is no a legal provision which can regulate the framework of the police co-operation between internal institutions and the enforcement agencies from other signatory states of the Schengen Convention. The collaboration with the others police structures is made on the basis of some bi- or multilateral agreements, through INTERPOL and through the liaison officers of the European Union Member States in Romania.
As regards the police cooperation, Romania signed agreements and conventions with Germany, Hungary and Kingdom of Belgium.
As soon as Romania receives the Common Manual about the external border control, according to SCH/Com-ex (98) 35 rev 2-16.09.1998, the necessary measures to align the national legislation to the acquis will be taken.
The general principles for the payment of the informers are not yet transposed into the Romanian legislation.
The institutions which are responsible for applying the legislation in this field are: the Ministry of Interior, the Ministry of Justice, the Ministry of Foreign Affairs, the Special Service of Telecommunications, the Ministry of Public Finances, the Romanian Intelligence Service and Foreign Intelligence Service.
Alignment with the acquis communautaire
Alignment to the acquis communautaire will be made on the basis of the Action Plan presented in annex 3.
Adopted by the Government of Romania in its meeting of November 27, 2001.
ANNEX I - INSTITUTIONAL CAPACITY
A. The General Inspectorate of the Romanian Border Police
The main institution responsible for the border management is the Romanian Border Police. This institution is a component of the Ministry of Interior and its responsibilities are: the custody of borders, the control of border crossing points, cross-border Criminality Combating, as well as illegal acts at the border area, thus ensuring the observance of the legal regime of the frontiers, passports and aliens.
Romanian Border Police defends the interests of Romania in the exclusive economic zone and in the contiguous zone.
The new structure of the General Inspectorate of the Romanian Border Police (in force on 01.06.2001) was elaborated by a group of German and Romanian experts, in the framework of the Institutional Twinning Convention (RO9806.01.01-2) completed on 31. 03. 2001.
The new structure was conceived on the principle of setting up directorates of the Romanian Border Police, one for each border with the neighbouring countries and one directorate at the Black Sea, as follows:
Directorate of the Romanian Border Police IASI- Republic of Moldavia;
Directorate of the Romanian Border Police CONSTANTA-Black Sea;
Directorate of the Romanian Border Police GIURGIU-Bulgaria;
Directorate of the Romanian Border Police TIMISOARA-Yugoslavia;
Directorate of the Romanian Border Police ORADEA- Hungary;
Directorate of the Romanian Border Police RADAUTI –Ukraine.
Each directorate is organized on 4-5 County Inspectorates, according to the existing and predicted cross-border criminal phenomenon, and on Border Sectors, which are re-organized on the functional principle and strengthened from the operational point of view.
Institutional re-organization of the Border Police aimed at creating a modern and flexible structure according to the EU standards. Since July 1999, the Border Police jurisdiction comprises the entire Romanian border, including the maritime border. In the year 2000, the Border Police passed the first phase of re-structuring meant for, among other things, reducing the number of command levels and increased the operational capacity. Within the implementation of the second phase of reorganization, the following measures have been taken:
a) The reducing of the hierarchical levels from 4 to 3;
b) Personnel re-distribution with 85% at operational level and 15% at command level;
c) The establishment of Border Police Sectors at operational levels, as flexible structures able to administrate more efficiently the persons traffic and combating the cross-border crime;
d) The establishment of the Coast Guard having competences in the counties of Tulcea and Constanta, in the Danube Delta, the territorial sea, the contiguous zone and the inferior course of the Danube;
e) The establishment of specialized structures for collecting the information and criminal investigations.
At present, the institutional audit of the regional commandments is in progress: based on the results, in March 2001, a first series of proposals for re-organization and functioning of the commandments and regional sectors at the operational level has been made.
B. National Office for Refugees
National Office for Refugees is the central authority responsible for the implementation of Romania’s policies in the field of refugees. At the same time, National Refugee Office also carries out activities as technical secretariat of the Romanian Committee for Migration Issues.
The Office has a central structure and territorial units. Within the central structure there are services and specialized compartments on the following categories of activities:
receiving and registering the applications for refugee status procedure, issuing identity documents and documents for state border crossing, record of the applicants for a refugee status and of the persons who have been granted this form of protection;
processing the applications for the refugee status at the administrative stage;
financial and a book-keeping activities;
organization, mobilization and operations;
analysis, synthesis, international relations and co-operation with international organizations;
aspects related to socio-professional integration of the refugees.
In order to increase the quality standard of the decisions on refugee status applications, a Documentation Centre has been set up and endowed with personnel; this centre is specialized in collecting and processing data and information related to the situation in the countries of origin of the asylum seekers. A centralized system of obtaining data and information on countries of origin is to be created, in cooperation with the Ministry of Foreign Affairs , the specialized research institutions, organizations competent in human rights protection, NGOs, etc.
Through direct co-operation with Germany, Denmark and Sweden, the National Refugee Office receives periodically data regarding the situation in countries of origin. The National Refugee Office has concluded protocols of co-operation with the International Organization for Migration (IOM), United Nations High Commissioner for Refugees (UNHCR) and specialized NGOs in the field. The staff of the National Refugee Office took part in activities organized by CIREA.
In close connection with the introduction of a border procedure, within Bucharest - Otopeni International Airport, a special centre has been established for asylum seekers, with a capacity of 20 places, which ensures accommodation conditions at EU standards with facilities necessary for carrying out the procedure of solving the asylum applications submitted in the airport. The presence of the non-governmental organizations, which carry out legal counselling activities for the asylum seekers located in the respective border checking point is ensured. The Centre will be administrated together with the General Inspectorate of Border Police and the endowment with specialized staff for processing the applications has been approved.
Through an agreement between the Ministry of Justice and UNHCR, at the Bucharest Tribunal a documentation centre has been created for judges specialized in asylum cases.
National Refugee Office is preparing the technical details for connecting to EURODAC.
A special attention has been given to the development of the necessary infrastructure in the asylum and refugee field. Several buildings were taken in the administration of the Ministry of Interior in order to be rehabilitated as reception and accommodation centres for asylum seekers. Thus, in Bucharest two such centres with a total capacity of 750 places have been already established and 3 new centres are in the process of rehabilitation and rearranging as reception and accommodation centres , one in Bucharest, which is going to ensure spaces for accommodation of unaccompanied minors, one in the Eastern part of Romania, in the city of Galati, and one in the western part of Romania, in the city of Timisoara.
Steps have been taken in order to take over one building in the city of Radauti (North-Eastern part of the country), with the view to rehabilitate and rearrange it as a reception and accommodation centre for asylum seekers.
C. The Romanian Police
According to the provisions of Article 1 in Law No.26/1994 on the organization and functioning of the National Police, the Romanian Police is the state institution which performs its duties within the boundaries of the national territory, the competences of which include the protection of human rights and fundamental freedoms, the protection of public and private wealth, crime prevention and detection, public order and security.
The Romanian Police is a component of the Ministry of the Interior and it comprises:
The General Inspectorate of the Police;
The Directorate General of the Bucharest Metropolitan Police;
41 county police inspectorates structured according to territorial criteria;
8 railway, air and sea transportation police inspectorates;
3 policemen training centres.
The General Inspectorate of the Police is the central police unit which co-ordinates and supervises the activity of all police units at national level, conducts operational activities where complex matters are at stake, as well as other activities pursuant to law. Its organizational chart includes directorates, services and compartments set up pursuant to ministerial orders. Following the implementation of the Reform Strategy covering the period between 2000 and 2004, the General Inspectorate of the Police has been operating, since 1 March 2000, according to a new structure organized along three components:
the Criminal Police, comprising the Directorate of the Criminal Police, the Directorate for Economic and Financial Crimes, the Directorate for Criminal Investigations, the Directorate General for Combating Organized Crime and Drugs and the Forensic Institute;
the Public Safety Police, which includes the Directorate for Surveillance and Public Order, the Road Traffic Police, the Transportation Directorate and the Institute for Crime Prevention and Research;
the Administrative Police.
The Romanian Police has 51,982 employees, 10,859 of which are commissioned officers, 37,148 non-commissioned officers and 3,676 civilian personnel. In relation to the total number of inhabitants at national level, there is a ratio of one police officer per 409 inhabitants.
D .The Ministry of Health and Family-the structures involved in the fight against drugs
The following structures of the Ministry of Health and Family are involved in the fight against drugs:
General Directorate for Public Health through its Service for Health Promotion:
coordinates and oversees the Regional Directorates for Health Promotion and programs of education for health;
monitors and evaluates the activities related to prevention of the drug consumption within the competence of Ministry of Health and Family
General Directorate for Medical Assistance, Programs and Integrated Health Services:
gives technical assistance to the Psychiatric Hospitals which provide the cure for drug addiction, to the intensive therapy sections which provide the cure for drug intoxication and for the detoxification, post-cure and methadone supply centres;
General Pharmaceutical Directorate:
oversees the legal circuit for psychoactive and narcotics and all the other products containing such substances.
Another structure coordinated by the Ministry of Health and Family is the Institute of Health Services Management, which ensures the technical assistance to the Ministry of Health and Family in the field of health system reform, including in the area of decrease of drug demand.
The Health Insurance House covers at present the costs for health services including the drug addiction treatments.
A new structure established through the Order of the Minister of Family and Health no.199/2001 on the functioning and the structure of the specialty commissions, as well as on the approval of the norms of functioning of these commissions, is the Commission of Toxicology and Drug Addiction, having the role of a consultative and technical structure in the field of the decrease of drug demand. Until now, the Commission has carried out and still carries out the following activities:
evaluation of the prevention activities and the therapeutics in the area of drug addiction;
elaboration and proposal of the treatment methodology and setting up the therapeutical links at territorial level for the drug addiction, including overdose (acute intoxications);
elaboration of the plan of the national and territorial structures for the prevention and treatment of drug-addiction;
participation in elaboration of the programme of preventing and combating the drug trafficking and consumption and the modality to implement it together with the Ministry of Interior and the Ministry of Education and Research;
coordination of the activities of preventing and treating the drug addiction carried out by the Ministry of Health and Family;
elaboration of legal acts in the field of preventing and treating the drug addiction
The toxicology laboratories of the National Institute of Legal Medicines "Mina Minovici"-Bucharest and the Institutes of Legal Medicine from the university centres in the country carry out specific forensic analyses in order to identify the drugs in the biological samples of the supposed drug consumers or traffickers, on the request of judicial authorities , victim's family or hospitals.
The Laboratories of Legal Medicine Toxicology report annually to the Ministry of Health and Family, to the Ministry of Interior, to the Ministry of Justice, and to the Public Ministry on the situation regarding the results of the research of psycho-active substances, including narcotics, both on the living persons and on the deceased.
At national level, through the Common Order of the Minister of Interior, the Minister of Health and Family, the Minister of Education and Research, the Minister of Youth and Sport and the Minister of Public Administration on organizing the prevention of the illicit drug consumption, the Inter-ministries Commission for Prevention the Illicit Drug Consumption has been set up.
E. National Authority for Supervision in the field of the protection of individuals against the processing of personal data and the free movement of such data
The National Authority has the following tasks:
a) elaborates the standard papers of the notifications and of its own registers;
b) receives and analyses the notifications on the processing of personal data and informs the operator about the results of the prior control;
c) authorises the processing of the data in the situations stipulated by law;
d) it may order, in cases of law breaking, the temporary suspension or the ceasing of the processing of the data, the partial or total erase of the processed data, it may inform the prosecutor’s office or take legal action;
e) keeps the register of the data processing and makes it available for the public;
f) receives and solves the complaints and requests that come from individuals and communicates the solution or, according to the case, informs on the measures taken;
g) performs investigations ex officio or on the basis of the complaints or requests received;
h) it is consulted on the occasion of the elaboration of draft laws on the protection of rights and freedoms of the individuals against the processing of personal data;
i) it may initiate drafts laws or the amending of the laws in force in the fields connected with the processing of personal data.
j) cooperates with public authorities and the local public administration, centralises and analyses the annual activity reports on individuals protection against the processing of personal data, issues recommendations and approvals on any other matter concerning the protection of the rights and freedoms regarding the processing of the data at any persons request, including public authorities and local public administration; these recommendations and approvals must contain the basis on which they are issued, and are communicated in copy to the Ministry of Justice; when the recommendation or the approval is requested by law, it is published in the Official Gazette of Romania.
k) cooperates on mutual assistance with similar authorities from abroad as well as with persons having their residence abroad, with the aim of protecting the fundamental rights and freedoms that can be affected by the processing of personal data.
l) provides any other services according to the law and to its own organization and functioning regulation, as well as on the grounds of other special laws.
F. General Customs Directorate
At the beginning of the current year, the Government Decision No.170/2001 was adopted, according to which the General Customs Directorate, specialized body of the central public administration, legal entity, subordinated to the Ministry of Public Finances was reorganized into 4 directorates and 4 independent divisions, with specific tasks included in the Rules of Organization and Functioning of the General Customs Directorate.
The surveillance and customs control units have been subordinated to the regional customs directorate for a better coordination of their activity. Also, the regional customs directorates have been restructured, the number of these was reduced from 12 to 10.
The organizational structure of the customs authority includes, according to the Customs Code the General Customs Directorate, the Regional Inter-district Customs Directorates and Control and customs clearance offices. Within the Customs offices, customs points can be set up.
The General Customs Directorate carries out its activity on the basis of the laws, Government Decisions, Orders and Instructions issued by the Ministry of Public Finances, and has attributions concerning the application of the Community acquis in the customs field. The institution has the following structures at central level:
1. Customs Regimes and Operations Directorate, composed of: Customs Techniques and Procedures Service, Tariff Nomenclature and Evaluation Service, Taxes and other Export Rights Office, Integrated Customs Tariff Service, Preferential and Non-preferential Origin Office, Transits Service;
2. Enforcement and Fight against Customs Fraud Directorate, composed of Risk Analysis, Post-Control Service; Anti-fraud Service; Fight against drug traffic and special regime products Service; Fight against counterfeited and pirated goods Service; Surveillance outside the customs offices Service;
3. Budget, General Organization, Personnel Administration and Services Administration Directorate, composed of Financial Service, Accounting Service, Investments Service, General Organization Service, Personnel Administration Office, Programmes and Professional Training Service and other offices.
4. Information Technology, Customs Statistics and Data Administration Directorate, composed of Analysis and Optimisation of the Informatics Appliances Service, Implementation of Processing Technologies and Administration of Information Service, Equipment Administration Service, Customs Statistics And Prognosis Service, Assessment of Data Quality Office; Administration of the System of Statistical Reporting For Foreign Trade Service;
5. European Integration and International Relations Department;
6. Customs Legislation, Proceedings and Collection of the Budgetary Debts Department;
7. Inspection and Control of Customs Activity Department;
8. Internal Control and Audit Department
9. Chief expert for customs expertise.
At regional level the organization includes Regional Inter-District Customs Directorates and inland and border customs offices for inspection and control, that apply the customs legislation.
Strengthening of the institutional capacity of taking over the Community acquis represents the main concern of the Romanian customs administration by the time of accession, and will be implemented also by diversification of the training of own personnel.
Romania will take the necessary measures in the pre-accession period to prepare the Romanian customs administration to be able to assume all competences derived from the specificity of the Community customs authority.
The percentage of the automatically processed customs declarations by computerized system is of 100%, out of which 97.8% during the clearance process and the rest of 2.2% afterwards, for statistical reasons.
Since the beginning, the Integrated Computerized Information System (ICIS) was designed, implemented and developed taking into account the interconnectivity with the EU IT systems, through its kernel ASYCUDA++ for the processing of the customs declarations. This principle had also been taken into consideration to the additional IT components covering the main Customs Administration functionalities (transit, accounting, customs surveillance and the management information system). This requirement is the basis for the actual development of the ICIS through interfaces with external systems, DTI/EDI, and the WEB applications development.
For the next three years, inclusion of NCTS into ICIS was planned, in order to process the common transit and implement TARIC. In parallel, in order to prepare for the accession, connectivity interfaces will develop with the databases of the European Union (such as ETM, EBTI, ECICS, IPR, AFIS), through CCN/CSI.
Clear provisions on customs control undertaken by the customs authority are included in the Romanian Customs Code and in the Rules of application of the Romanian Customs Code.
Thus, the customs authority is entitled to carry out the customs control of the means of transport, goods and values belonging to natural persons at the entry or leaving the country.
The customs authority may control the goods subject to customs clearance wherever they are situated in the national territory. The customs control of means of transport of goods at the border customs offices consists in their identification on the basis of the accompanying documents. The purpose of the customs control of goods is to prevent the infringement of the customs regulations and to fulfil the legal conditions and terms, as well as to detect customs fraud.
The customs control carried out by the customs authority through their customs officers with competences conferred by the customs regulations is obligatory and consists in verification of the documents needed for the customs clearance. This type of control of the documents issued by the customs control and clearance offices is organized and carried out by the customs officers appointed by the management of the customs offices.
The physical customs inspection is carried out at the customs office where the customs declaration was submitted, during the working hours, but, at the request of the declarant, the customs authority may approve that the physical customs control is conducted in other places, too. The customs authority writes on the customs declarations the control type, its result and mentions the identification number and marks of parcels opened for customs control.
Also, the customs authority has the right to conduct the post-clearance customs control for a period of 5 years from the granting of the customs released at the premises of the economic operators. The post-clearance customs control is conducted at the premises of the economic operators, importers or exporters, by the customs staff of the specialized divisions of the General Customs Directorate and of the regional inter-district customs directorates. Methodological norms for carrying out this type of control have been issued and published in the Official Gazette of Romania.
G. National Authority for the Protection of the Child and Adoption
Established by virtue of the Emergency Government Ordinance No.12/2001, the National Authority for the Protection of the Child and Adoption (NAPCA) is the Government’s specialized body providing methodological co-ordination for child protection activities, and the main responsibility of which is to draft, co-ordinate, and monitor the policies in the field.
The Government Decision No. 216/2001 regulates the organization and functioning of the National Authority for Child Protection and Adoption.
NAPCA fulfils the following functions:
a strategic function, whereby it performs the substantiation, drafting, and implementation of the reform strategy and programmes in the field of the protection of the child and adoption;
a regulatory function, whereby it establishes the necessary regulatory framework in order to achieve the objectives and programmes formulated;
an administrative function, whereby it performs the management of the public and private property of the state;
a representation function, whereby it provides internal and external representation on behalf of the Romanian state;
a state authority function, whereby it monitors the implementation of regulations in its field of competence, it supervises the adequate implementation of those regulations, as well as the activity of the institutions and bodies that operate under its coordination or authority.
In exercising its strategic function, the Authority is entrusted with the following attributions:
elaborates studies and prognosis for the evaluation of the national system of child protection and of adoption, with the purpose of implementing the strategy of reform in these fields, as well as for the evaluation of the impact of the application of the strategic objectives;
implements and elaborates the national reform strategy of the system of child protection and adoption, complying with all international conventions Romania is a part to; submits the strategy to the Government for approval.
elaborates and substantiates national interest programmes in the field of child protection and submits them to the Government for approval;
promotes and supports initial and permanent training of specialists who work in the field of child protection and adoption;
elaborates projects of normative acts in the field of child protection and adoption, envisaging the achievement of the goals of the reform of the national system of child protection;
elaborates norms, methodologies and standards for the functioning of the services and institutions which ensure the promotion and respect of children’s rights, the protection and care of the children in difficulty and of those with special needs, as well as for those who develop actions in the field of child protection.
elaborates framework regulations and methodology norms for the organization and functioning of all services and institutions that ensure the promotion and respect of children’s rights, and of those acting in the field of adoption.
endorses the proposals of normative acts that have as their object the regulation of certain aspects related to the field of child protection;
establishes performance indicators for the national interest programmes, approved by order of the secretary of state.
administrates the goods, in the State’s public or private property, which the Authority has in its administration or use;
administrates the funds allocated for the financing of the national interest programmes in the field of child protection and adoption.
finances or, according to the circumstances, co-finances projects within the national interest programmes in the field of child protection;
designs and applies the monitoring system for the estimation of the necessary financing of the services and institutions that ensure the promotion and respect of children’s rights, including through adoption, as well as for the revision of their functioning standards application;
substantiates and submits proposals for adopting the necessary measures meant to ensure the proper funding of institutions and services of child protection, including protection through adoption;
administrates the database constituted at the level of the national system of child protection.
At local level, the activities of child protection are performed by the public specialized services for child protection. They are public institutions, with legal status, established under the subordination of the local/county councils and of the sectors of Bucharest, according to the provisions of the Emergency Government Ordinance No. 26/1997.
The secretary of the county council, or the secretary of the Bucharest City Council, co-ordinates the activity of the public specialized services.
The organizational structure, the number of staff and the budget of the public specialized service are approved by decision of the county/local council of the sector of Bucharest, in order for the functioning of this service to guarantee that the carrying out of the tasks assigned to it are properly carried out.
H. The Romanian Intelligence Service/The Inspectorate for Preventing and Countering Terrorism
The specialized structure of the Romanian Intelligence Service is the Inspectorate for Preventing and Countering Terrorism, which is accountable for organizing and performing, in an unitary conception, the activities of discovering, preventing, neutralizing and annihilating terrorist actions in Romania.
The Inspectorate has the following specific tasks:
a) discovering, preventing, learning, through specific intelligence methods, the intentions of organizing and committing terrorist activities, regardless of the targets of this activities;
b) monitoring the activities of subjects suspected to belong to terrorist organizations or developing activities in order to support them;
c) organizing and setting up counter-terrorist protection system and counter-terrorist, counter-hijacking control on civil airports in Romania, according to internal and international legal provisions, relevant in the aeronautical security area;
d) organizing and setting up counter-terrorist dispositions at diplomatic objectives and official foreign missions, potentially or actually threatened by terrorist activities, as well as at the Romanian Intelligence Service objectives;
e) organizing and developing counter-terrorist protection and guard dispositions for Romanian and foreign statesmen, according to the regulations in force;
f) organizing and carrying out counter-terrorist controls at objectives designated for temporary activities of special importance;
g) organizing and performing pyrotechnical controls and interventions;
h) organizing and carrying out counter-terrorist and pyrotechnical interventions in case of terrorist attacks or occupation of objectives, in order to capture or annihilate the terrorists, rescue the hostages and re-establish the legal order.
In order to ensure the preventing dimension of the activity in the field, the Inspectorate is cooperating with other Romanian Intelligence Service units, the compartment of the Foreign Intelligence Service specialized in informative activities regarding terrorist threats abroad, the Directorate for Countering Organized Crime and Drug Traffic within the Ministry of Interior, the Protection and Guard Service.
As an unitary legal framework for current inter-institutional co-operation - at central and territorial levels - in the counter-terrorism field, the Co-operation Plan has been established and is in force between the Romanian Intelligence Service and the Ministry of Interior, the Ministry for National Defence, the Foreign Intelligence Service, the Protection and Guard Service, the Ministry of Foreign Affairs.
I. The Superior Council of the Magistrature
The Superior Council of the Magistrature is composed of 15 members elected for 4 years by the Chamber of Deputies and the Senate, in a common sitting.
In the Superior Council of the Magistrature there shall be elected:
a) 4 judges of the Supreme Court of Justice;
b) 3 public prosecutors of the General Prosecutorial Office to the Supreme Court of Justice;
c) 6 judges of the courts of appeal;
d) 2 public prosecutors of the Prosecutorial Office to the Bucharest Court of Appeal.
For the election of the members of the Superior Council of the Magistrature, each court and prosecutorial office provided by subparagraphs a), b) and d) shall nominate three candidates for each position at the General Meeting of the magistrates.
For the election of the 6 judges provided by subparagraph c), each court of appeal shall nominate a candidate designated by the General Meeting of the court’s judges.
The Superior Council of the Magistrature has the following attributions:
a) to submit to the President of Romania, upon recommendation of the Minister of Justice, the proposition for the appointment to office of the president, deputy-president and heads of divisions of the Supreme Court of Justice;
b) to submit to the President of Romania, upon recommendation of the Minister of Justice, the proposition for the appointment to office of judges of the Supreme Court of Justice.
c) to submit to the President of Romania, upon recommendation of the Minister of Justice, the proposition for the appointment to office of other judges and public prosecutors, except for those on probation.
d) to order, upon proposition of the Minister of Justice, the promotion, transfer, suspension or removal from office of judges;
e) to validate magistrates’ qualification examinations;
f) to fulfil the role of disciplinary council of the judges;
g) to give advisory opinions, upon request from the Minister of Justice, on matters regarding administration of courts of 1st instance, tribunals, courts of appeal and prosecutorial offices.
The Superior Council of the Magistrature may request from the Ministry of Justice, the judicial courts or prosecutorial offices information or acts regarding the magistrates’ professional activity or conduct.
The Superior Council of the Magistrature will hold its debates in the presence of at least two thirds of its members and shall adopt decisions by a majority of the votes cast by the members of the Council.
The debates of the Superior Council of the Magistrature will be presided over by the Minister of Justice, who shall not be entitled to vote, except for the case it fulfils the role of disciplinary council, when it will be presided over by the President of the Supreme Court of Justice.
Admission in magistracy
According to article 46 of Law No. 92/1992 for judicial organization, republished, modified and completed, the general conditions that a person has to meet to be appointed magistrate are the following: the person must have solely Romanian citizenship, with residence in Romania and the capacity to exercise his / her rights, to have a university degree in Law or Economic – Administrative Law, to have the probation period required by law for the office that he / she is going to be appointed, to prove an appropriate professional training, to have no criminal record, to enjoy a good reputation, to speak Romanian and to be medically and psychologically able to exercise the profession.
According to article 76 of Law No. 92/1992 for judicial organization, republished, modified and completed, the main method for recruiting magistrates is the entrance examination at the National Institute of Magistrature, where the persons complying with the conditions provided by article 46 of the Law can participate.
Another modality to select magistrates is the entrance examinations organized for filling in certain vacant judge or prosecutor positions. According to article 67, paragraph 1 of Law No. 92/1992 for judicial organization, republished, modified and completed, there can be appointed in magistrature, in the position of judge at the court of first instance or prosecutor at the Prosecutor’s Office to this court, without examination or contest, as an exception, the persons who hold a Ph.D. in Law or have been in the position of magistrate, or general inspector, or legal counsellor at the Ministry of Justice, Law University professor, researcher at the Legal Research Institute of the Romanian Academy, lawyer or notary for a period of at least 5 years, as well as the legal counsellors with a minimum length of service in their specialty of 10 years.
Article 67 of the Law also provides for the modality to appoint, as an exception, without contest or examination, in the positions provided for in article 66 paragraph 4, letters a), b) and c) of the Law, in which case 3 more years are added to the length of service provided for these positions. Also, the persons who are going to be admitted in magistrature, without contest or examination, based on article 67, must comply with the general requirements provided for by article 46.
Promotion of magistrates
The criteria for promotion of magistrates are provided both by Law No. 92/1992 for judicial organization, republished, modified and completed, and by the Regulation regarding the organization and development of the examination for the purpose of promotion in a vacant executive position or in place at the courts and Prosecutor’s Offices to these, approved by order of the Minister of Justice.
One first condition is for the magistrate to have a meritorious activity, proved by the grades granted by the hierarchical superiors. These grades are granted annually and reflect the results of the professional activity of the magistrate, the behaviour at work and in society, his/ her qualities, as well as the professional development perspectives. Also, in order to have a superior executive position, the magistrate must have the length of service required by the law.
The promotion of magistrates in vacant executive positions in courts, Courts of Appeal and the Prosecutor’s Offices to these courts, as well as the promotion in place are made based on an examination. The promotion of the examination represents the fulfilment of only one of the criteria imposed for the promotion in the superior executive position run for, or in place.
At the examination, only the magistrates who, in addition to fulfilling the requirements of the length of service in magistrature provided for by the law, fulfil the evaluation criteria established by art.3 of Law No. 50/1996 republished, modified and completed on wage and other rights of the personnel within the judicial authorities, more precisely carrying out a meritorious activity attested by being granted the grade ‘very good’ in the last 4 years, are allowed to participate, with the specification that for the promotion in place, the length of service must be only as a judge or as a prosecutor.
To participate in the examination, the magistrates must also fulfil the following conditions:
a) to be placed over the average grade for the court, respectively for the Prosecutor’s Office, as regards the number and complexity of the cases solved;
b) to observe the procedural deadlines for drawing up of the paper work;
c) to be placed under the average grade for the court, or as the case may be, for the Prosecutor’s Office and within the limits of the national average grade, for the parameters:
the deadline for cases conclusion, taking into account their specific and characteristic features;
the percentage of the decisions cancelled by the judicial control bodies, for imputable reasons, respectively the percentage of infirmed solutions, criminal prosecution reopening, wrong / mistaken conclusions, changes of judicial framing, returning of files from courts to prosecutors, non-declared or erroneously declared appeals and recourses;
d) to ensure the necessary accuracy, concision, coherence and explanation, in fact and in law, of drawn up decisions and works;
e) to fulfil, while observing the legal provisions and regulation provisions, the attributions of delegated judge at the Registry of Commerce, the Real Estate Publicity Bureau, syndic judge, coordinator of the compartments of civil and criminal executions, archive and registrar’s office etc;
f) to maintain work relationships with the claimants and with the other participants in the judgement activity within the limits of the legal norms or regulations, of politeness and correctness;
g) to rigorously observe the principles of trial development, as the case may be, at the stage of criminal prosecution, or at the stage of judgement (legal status, officiality, solemnity, assurance of warranties and procesual and procedural rights of the parties);
h) to show interest in the continuous improvement of his / her professional training, by participating to specific actions organized by the courts or Prosecutor’s Offices where they belong, by the Court of Appeal or the Prosecutor’s Office to it, by the Prosecutor’s Office to the Supreme Court of Justice or by the Ministry of Justice;
i) to demonstrate receptivity regarding the elimination and avoidance of error repeating in his / her activity, noticed in judicial controls or of the shortcomings noticed by the inspection bodies (judges or inspector prosecutors);
j) to strictly observe the deontological norms.
The compliance with these criteria is checked by the President of the Court or by the Chief Prosecutor of the Prosecutor’s Office where the magistrate works.
In the case of Presidents of the Courts of First Instance and of Prime Prosecutors of the Prosecutor’s Offices, the President of the Tribunal, respectively the Prime Prosecutor of the Prosecutor’s Office to the Tribunal, performs the verification of the compliance with these criteria.
In the case of Tribunal Presidents and of Prime Prosecutors of the Prosecutor’s Offices to these, the Vice-President (one of these), respectively the Prime Prosecutor of the Prosecutor’s Office to it, performs the verification of the Court of Appeal.
In all cases, the President of the Court of Appeal, respectively the Prosecutor General of the Prosecutor’s Office to it, expresses the agreement to participate in the examination.
In the case of Prosecutors General of the Prosecutor’s Offices to the Courts of Appeal, the Chief Prosecutor of the Section of Analysis, Studies, Control and Professional Training within the Prosecutor’s Office to the Supreme Court of Justice performs the verification of fulfilment of conditions and expresses the agreement to participate in the examination.
When taking the decision, the annual grade, as well as the report of the inspector judge, or, as the case may be, of the inspector prosecutor, drawn up upon verification of the magistrate’s activity, will be taken into consideration.
Promotion of magistrates in managerial positions is made for a period of 4 years, with the possibility to be re-appointed, one time alone, in the management position held.
In the situation of promotion in management positions, besides the professional capacities, the managerial skills of the magistrate will also be considered, especially the capacity to organize and decide, the communication level, tact in work relations, objectivity in appreciating his/her collaborators.
Training of magistrates
The National Institute for Magistrates is the public institution exclusively subordinated to the Ministry of Justice, which shall carry out the specific training of future judges and public prosecutors as well as the improvement of the professional skills of magistrates holding office, according to the provisions of the Law No. 92/1992.
The National Institute for Magistrates is headed by a Council composed of 11 members: a judge of the Supreme Court of Justice, a Public prosecutor of the Prosecutorial Office to the Supreme Court of Justice, a judge of the Bucharest Court of Appeal, a public prosecutor of the Prosecutorial Office to the Bucharest Court of Appeal, appointed by the Superior Council of the Magistracy; 3 elected representatives of the training staff within the Institute, the Director of the Directorate on Human Resources within the Ministry of Justice, 2 representatives of the trainees who attend the professional training courses.
The Director of the National Institute for Magistrates and the 2 deputy-directors shall be appointed by order of the Minister of Justice.
The training staff of the National Institute for Magistrates shall be composed, as a rule, of judges and public prosecutors holding office, who may be transferred to the Institute, with their consent, for a period of 3 years.
The National Institute for Magistrates may also employ, according to the law, academic teaching staff, other specialists, Romanian and foreign, as well as magistrates holding office and persons assimilated to magistrates, for the proper conduct of the professional training and improvement process.
The candidates admitted at the entrance examination for the National Institute for Magistrates shall have the capacity of justice auditors and shall benefit from a monthly scholarship, which amounts to the monthly salary of a probationist magistrate, according to their length of service as auditors. The scholarship is paid from the scholarship fund provided in the annual budget of the Ministry of Justice.
As regards the professional training of the magistrates, the National Institute for Magistrates(NIM), functioning according to Law No. 92/1992 with subsequent modifications and completions, has continued the training of justice auditors, and starting with 1 November 2000 it has exclusively taken over the task of continuous improvement of magistrates.
Two regional training centres have been set up, at Sovata and Barlad, for the continuous training of the magistrates in office, designed for organization of seminars and conferences for the magistrates in office.
The structure of the NIM in the year 2001, as regards hired staff, is composed of 1 director, 5 experts, 1 assistant director, 1 director and three positions of experts. The didactic personnel is not permanent. NIM has a list of 68 external collaborators to choose from, according to the necessities of the study program and the number of auditors.
The school of court clerks has functioned since December 2000, when the director, the assistant director and the auxiliary staff – 2 positions have been employed. Until June another 8 persons have been employed: 2 teachers and 6 positions of auxiliary staff, out of which 3 also work for NIM.
During the year 2000, 109 justice auditors have graduated from NIM. During 2001 out of a total of 154 justice auditors, 90 justice auditors will graduate and 64 auditors will continue their studies, as the duration has been increased to 2 years.
In the academic year 2001-2002 more than 200 justice auditors will be trained in a general school system of 2 years. During the year 2001, 60 persons will be trained in the School of Court Clerks, according to the initial education system.
The establishment of the judge panel
Establishment of the judge panels is made monthly, usually ensuring their continuity for the cases judged in first instance and, as much as possible, by maintaining certain members of the panel throughout the judgement process, for the cases of appeal or recourse.
Establishment of the dates and panels for the new cases is made by the Presidents or Vice-Presidents of the courts, and by the section Presidents for tribunals and for the Court of Appeal.
A service judge is also appointed for the courts of first instance with a great volume of activity and for tribunals, which establishes the judgement dates for the cases presented personally by the parties. Presidents, daily, at the beginning of the program establish these dates.
The need to balance the judgement sessions, both numerically and from the point of view of the complexity of the cases, is taken into consideration along with the experience of the judges.
Co-ordination is ensured between the dates established for the new cases and the dates of postponement of the files currently judged as, before starting the judgement sessions, the Presidents may establish the dates of postponement for the respective case.
The informatization of the courts
The Ministry of Justice, in order to fulfil Romania’s strategy toward an e-society, is developing a global computerized system at the level of judiciary, meant for the Ministry of Justice, all courts, prosecutor offices, penitentiary system. A special attention was given to the improved functioning of Ministry of Justice and courts, for the efficient way of solving files. For that purpose, measures for safeguarding technical and material conditions of activity have been taken.
As regards the informatization plans, the main stages of those were:
a) Procurement of hardware, in 1999 223 workstations and 21 printers were procured, and 4 servers, 223 workstations and 21 printers in 2000. The total number amounts to 47 servers, 876 workstations and 388 printers.
b) Development of applications. The Ministry of Justice and courts have access to 20 applications, among them being: Legislative database, Landbook, National Registry for foundations, associations and federations, Staff Evidence. The e-mail service functions for all officials in the Ministry of Justice and courts, on Intranet and on Internet.
The reform in this field will continue and will have as objectives :
electronic evidence of files and documents in courts;
reduction of court clerk’s activities for finding data regarding judicial files;
Electronic registration of Landbook;
better access of public and magistrates at legislation.
The equipment of the Public Ministry consists of bureaux equipment, forensic tools. As regards the informatization of the Public Ministry, at present there are 511 workstations, out of which 100 at Prosecutor Office to the Supreme Court of Justice and 411 at Prosecutor Offices to courts in the country.
As regards databases, all prosecutor offices have electronic evidence of personnel, statistical data, accountancy, and payments. Electronic evidence of files and documents are at the Prosecutor Office to the Supreme Court of Justice, Section for Combating Corruption and Organized Crime, Prosecutor Office to the Court of Appeal Galati, Prosecutor Office to the Court of Appeal Bucharest, Prosecutor Office to the Court of Appeal Constanta, Prosecutor Office to the Court of Appeal Timisoara.
At present, a number of 236 courts are functioning in Romania, out of which 15 courts of appeal, 41 tribunals and 180 courts of first instance.
During the period 1996-2001, a number of 11 new court residences have been opened, while 81 court residences have been subject to essential reparation. The value of the investment objectives (new court residences) amounts to 12,020,953.2 Euros. The value of the essential reparation, in the same period, amounts to 12,607,071.6 Euros.
The value of the Ministry of Justice budget for 2001 is 183,124,885.3 Euros, representing 0.026% of state budget.
Out of that, 93,856,790.2 Euros represent the budget for the ministry’s staff, courts and Superior Council of Magistrature, 82,300,975 Euros the budget of the General Directorate for Penitentiary, 1,182,191.4 Euros the budget for the National Institute of Magistrates.
The number of judges, available at 5 November 2001, is 3,575, out of which:
At courts of appeal 462
At tribunals 960
At courts of first instance 2,153
The average age of the judges is as follows:
At courts of appeal 48 years
At tribunals 43 years
At courts of first instance 35 years
The average level of income for judges, in 2001, is as follows:
At courts of appeal 581 Euros
At tribunals 533 Euros
At courts of first instance 467 Euros
The number of the auxiliary staff is as follows:
At courts of appeal, judicial clerks 447
At tribunals, judicial clerks 1,036
At courts of first instance, judicial clerks 2,808
The number of judicial bailiffs is 299, and the number of judicial assistants is 167.
As regards the personnel structure of the Public Ministry, 5,103 positions are provided, out of which 2,475 prosecutors, 1,389 judicial auxiliary staff, 1,239 administrative and economic auxiliary staff. Out of the positions there are occupied 2,084 prosecutor positions, 1,241 positions of judicial auxiliary staff, 853 positions of administrative and economic auxiliary staff.
In the field of magistrates’ training, for the magistrates in charge, in the area of European law more than 1,000 judges were trained, and 24 magistrates were trained as trainers. A network of Community correspondents has been set up, including one representative within each Court of Appeal. The continuing training will be made within National Institute of Magistrates and members of the network of Community correspondents will continue the training within courts of appeal.
In the field of combating corruption and organized crime, all the members of the Section for combating corruption and organized crime from Prosecutor Office to the Supreme Court of Justice, 200 prosecutors and 50 judges were trained by the experts from EU Member States. Until the end of 2002, 300 magistrates will be trained.
Until the present, a number of 220 prosecutors was trained in various judicial fields (combating trans-national crime, economic-financial crime, human rights, community law) in different forms of training developed with the help of European institutions.
AGREEMENTS, CONVENTIONS, LAWS
I. Protection of EC financial interests
Penal Code - republished in 1997, criminates economical and financial offences;
Law No.141/1997 on Customs Code of Romania, criminates the custom fraud and the smuggling;
Law of accountability No.82/1991 - includes provisions concerning the civil and penal responsibility of the accountant in case of false registration;
Law No. 87/1994 on fiscal evasion;
Law No. 21/1999 on prevention and sanctioning money laundering;
Law No. 72/1996 on public finances – regulating the civil and, as the case may be, penal liability of financial managers who cause prejudice to the state as a result of unlawful management of entrusted funds
Law No.64 /1999 for the approval of the Government Ordinance No. 70/1997 regarding the fiscal control - it regulates the yearly fiscal checking at the level of tax-payer
Ordinance No. 11/1996 on the forcible execution of debts to the state in the case of non-payment of taxes and fees and retrieval of illegally spent amounts
II. Judicial co-operation in criminal matter
Ratified multilateral conventions:
European Convention on Extradition, Paris 1957, and its two additional Protocols, by Law No. 80/1997;
European Convention on Mutual Assistance in Criminal Matters, Strasbourg 1959, and additional Protocol, by Law No. 236/1998;
European Convention on the Transfer of Proceedings in Criminal Matters, Strasbourg 1972, by Government Ordinance no 77/1999, approved by Law No. 34/2000;
European Convention on the International Validity of Criminal Judgements, Hague 1970, by Government Ordinance No. 90/1999, approved by Law No. 35/2000.
Convention on the Transfer of Sentenced Person, Strasbourg 1983, by Law No. 76/1996;
European Convention on the Suppression of Terrorism, Strasbourg 1977, by Law No.19/1997;
European Convention on the Punishment of Road Traffic Offences, Strasbourg 1964, by Law No. 183/1997;
European Convention on the International Effects of Deprivation of the Right to Drive a Motor Vehicle, Brussels 1976, by Law 126/1997;
International Convention for the Suppression of Counterfeiting Currency, Geneva 1929, ratified by Law 4628/1933, and Additional Protocol, ratified by Law 1460/1930.
Signed multilateral conventions:
Criminal law Convention on Corruption;
Civil Law Convention on Corruption;
Agreement on illicit traffic by sea, implementing Article 17 of the United Nations Convention against illicit traffic in narcotic drugs and psychotropic substances, Strasbourg 1995;
United Nations Convention against trans-national organized crime, Protocol against the smuggling of migrants by land, sea and air, Protocol to prevent, suppress and punish trafficking in persons, especially women and children, Palermo 2000.
III. Judicial co-operation in civil matter
Multilateral conventions ratified within the Hague Conference on private international law:
Convention regarding civil procedure, Hague 1954, ratified by Decree No. 81/1971;
Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, Hague 1993, ratified by Law 84/1994;
Convention of 1961 abolishing the requirement of legalisation for Foreign Public Documents, ratified by Law 52/2000;
Convention of 1980on the Civil Aspects of International Child Abduction, ratified by Law 100/1992.
Bilateral Agreements with EU Member States:
Convention between Romania and Austria regarding judicial assistance in civil and family matters and validity and service of documents and Protocol to Convention, Vienna 1965, and Additional Protocol to convention regarding judicial assistance in civil and family matters and validity of documents, Vienna 1972, ratified by Decree 1179/1968 and Decree 322/1972;
Convention between Romania and Kingdom of Belgium regarding judicial assistance in civil and commercial matters, Bucharest 1975, and Additional Protocol to Convention regarding reciprocal service of documents, Bucharest 1979, ratified by Decree 368/1976 and Decree 316/1980;
Convention between Romania and Kingdom of Belgium regarding recognition and enforcement of judicial decision relating to Maintenance Obligations, Bucharest 1979, ratified by Decree 316/1980;
Convention between Romania and Kingdom of Belgium regarding recognition and enforcement of judicial decision relating to Divorce, Brussels 1980, ratified by Decree 53/1982;
Convention between Romania and United Kingdom of Great Britain and Northern Ireland regarding judicial assistance in civil and commercial matters, London 1978, ratified by Decree 432/1978;
Convention between Romania and Greece regarding judicial assistance in civil and commercial matters and Additional Protocol, Bucharest 1972, ratified by Decree 290/1973;
Convention between Romania and France regarding judicial assistance in civil and commercial matters, Paris 1974, ratified by Decree 77/1975;
Convention between Romania and Italy regarding judicial assistance in civil and commercial matters, Bucharest 1972, ratified by Decree 288/1973;
Convention between Romania and Kingdom of Spain complementary to Hague Convention of 1954 regarding civil procedure, Bucharest 1997, ratified by Law 235/1998;
Convention between Romania and Kingdom of Spain regarding on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, Bucharest 1997, ratified by Law 3/1999.
IV. Protection of the rights of the child
The UN Convention Concerning the Rights of the Child, ratified by Law No. 18/1990
The European Convention on Child Adoption, concluded on the 24th of April 1967 at Strasbourg, ratified by Law No. 15/1993
The Convention on Child Protection and Cooperation in the Domain of International Adoption, ratified by Law No. 84/1994
The Convention of the International Labour Organization No. 182/1999 concerning the interdiction of the most serious forms of child labour and the immediate action for their elimination, concluded on the 17th of June 1999 at Geneva, ratified by Law No. 203/2000
The Revised European Social Chart, adopted on the 3rd of May at Strasburg, ratified by Romania by Law No. 74/1999
The European Convention on the Legal Status of Children Born out of Wedlock, ratified by Romania by Law No. 101/1992
V. Legislation transposing the Schengen Acquis
Emergency Government Ordinance No 105/ 2001 on the state border of Romania;
Law No 123/2001 on the status of aliens in Romania, and Government Decision 476/2001 for the approval of the methodology to implement this Law;
Government Ordinance No 102/2000 of August 31st 2000 on the status and regime of refugees, which came into force on November 1st 2000 and by Law No 322/2001;
The European Convention on Extradition (Paris, 1957) and its two Protocols, ratified by Law No 80/1997;
The European Convention on Judicial Criminal Assistance (Strasbourg, 1959) and the additional Protocol, both ratified by Law No 236 of 1998;
The European Convention on the transfer of sentenced persons (Strasbourg, 1983), ratified by Law No 76 of 1996;
Law No 286/2001 on extradition;
Law No 26/1994 on the organization and functioning of the Romanian Police Force;
Law No 143/2000 on combating illicit trafficking in and consumption of narcotics;
Law No 17/1996 on the regime of firearms and ammunition.
ANNEX III - Schengen Action Plan
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