WHAT IS THE DECLARATION OF ASSETS IN ROMANIA?
In Romania, the declaration of assets is compulsory for people who occupy important public positions or positions of public dignity. The declaration of assets is public and official and is submitted annually, with the particularity that it is submitted at the beginning or at the end of the term of office. It provides transparency on the assets and interests of the person holding office.
The declarations are completed according to standardized templates and must be filed annually by 15 June and within 30 days of taking office or leaving office. They contain information on real and movable property, financial assets, debts, income and interests of the filer and his/her family.
Income is reported for the previous tax year. The declaration of interests covers partnership/shareholding in firms, managerial positions in companies/institutions, membership of professional associations and political parties. The document must contain:
- For immovable property: address (anonymized upon publication), category, year of acquisition, area, share, manner of acquisition and owner;
- In the case of movable property, declare: motor vehicles, boats, valuable works of art and cult objects;
- Financial assets: bank accounts, investments, private pensions;
- Also declare debts, gifts received and contracts obtained from public institutions.
When filling in the declarations, first of all, it should be noted that regardless of the existence of a separation of property agreement, it is compulsory to declare the spouse’s assets and income. Antecontracts are also not included in the declaration, as they do not transfer property rights. Income of minor children, such as allowances and scholarships, is exempt from the obligation to declare. However, any contracts concluded by first-degree relatives with public institutions must be explicitly mentioned in the declaration.
Wealth declarations are received by designated persons in public institutions. They check the declarations, publish them on the institution’s website (with anonymized personal data) and forward them to the National Integrity Agency (ANI). ANI can carry out checks and apply sanctions for failure to submit or incorrect completion of declarations.
Attention to the exception for the category of persons referred to in Art. 1, para. (1) of Law no. 176/2010, whose income realized “from the exercise of the office or capacity for which there is an obligation to declare assets and interests, are not subject to anonymization, being exempted from the rules governing confidentiality.“
The legal regime of the declaration of assets is laid down in two special laws: Law no. 176/2010 on integrity in the exercise of public functions and public dignity, for the amendment and completion of Law no. 144/2007 on the establishment, organization and functioning of the National Integrity Agency, as well as for the amendment and completion of other normative acts and Law no. 161/2003 on some measures to ensure transparency in the exercise of public office, public functions and in the business environment, prevention and sanctioning of corruption.
WHO IS OBLIGED TO FILE A DECLARATION OF ASSETS?
According to the Romanian legal provisions, the following categories of persons are obliged to submit the declaration of assets:
- Public officials and civil servants;
- Management of public institutions;
- Magistrates (judges and prosecutors);
- Local elected representatives (mayors, local and county councillors);
- Persons holding managerial positions in state-owned companies;
- Staff in defense, public order and national security institutions;
- Members of the boards of directors of national companies and state-owned companies.
Starting January 1, 2024, according to Article 2 of Law No. 176/2010, “Declarations of wealth and declarations of interests shall be submitted to the Agency exclusively through the online platform for the declaration of wealth and interests, hereinafter referred to as e-DAI, managed by the Agency.”
