The Government has initiated a draft law that establishes a uniform legislative framework to impose integrity restrictions applicable both before employment (pre-employment) and after leaving office (post-employment) for a wide range of individuals in public administration. The draft, which amends and supplements key normative acts such as Law no. 176/2010 and the Administrative Code, has been adopted by both Chambers of Parliament and is heading toward promulgation.
The main purpose of this measure is to combat the “revolving door” phenomenon (revolving door), through which individuals holding influential public positions move quickly to the private sector to serve the interests of former or future employers, undermining the impartiality of public decision-making.
The draft introduces the concept of a cooling-off period, set at 12 months, which represents the timeframe during which strict restrictions apply:
- Persons who are about to occupy a targeted public position are prohibited, for 12 months from the date of appointment, election, or hiring, from performing:
Supervision or control activities over the private legal entity at which they worked during the last 12 months prior to taking office.
- Supervision or control activities over the private legal entity at which they worked during the last 12 months prior to taking office.
- Participation in concluding contracts on behalf of the public authority/institution with that private legal entity.
- Post-Employment Restriction (12 Months After Leaving Office):
For 12 months after the end of the mandate or position, the persons concerned may not carry out professional activities (paid or unpaid) within a private legal entity if those activities overlap or interfere with the public duties they performed in the last 12 months within the authority.
The measure aims to prevent the use of privileged information or influence gained while in office.
The scope of individuals subject to these restrictions is considerably expanded, including:
- Dignitaries and High Officials: Members of the Government, Heads of the Chancellery, Secretaries and Undersecretaries of State, Presidential/State Advisors.
- Officials with Sensitive Responsibilities: Staff involved in public procurement evaluation/award, those with authorization, accreditation, or licensing duties.
- Key Administrative Personnel: Legal advisors representing institutions in court, internal public auditors, and staff administering or implementing programs/projects funded from external or budgetary sources.
- Leaders of Public Institutions: Local elected officials who are principal credit authorizing officers, individuals in leadership/control roles in the education and healthcare systems, autonomous administrations, or companies in which the state is a shareholder.
The monitoring mechanism is based on the principle of good faith on the part of the individual, but involves rigorous institutional oversight:
- Mandatory Declarations: Targeted individuals must submit, upon employment and upon leaving office, sworn declarations confirming that they are aware of pre- and post-employment restrictions.
- Recusal: In the case of the pre-employment restriction, the person must recuse themselves from supervision/control activities involving their former employer and notify the institution accordingly.
- Post-Employment Monitoring: During the cooling-off period, if the individual begins private activity, they must file an electronic declaration (via the e-DAI system) with the former institution, certifying that the new activities do not overlap with those performed in the previous 12 months.
- Role of ANI: The National Integrity Agency (ANI) becomes the central authority for monitoring and enforcement. ANI may be notified in cases of non-compliance and may prohibit or restrict the new private activity if it affects transparency or the legitimate interests of the public institution.
Consequences: Failure to comply with any post-employment restriction or failure to file the mandatory declarations is punishable by a contraventional fine ranging from 2,000 to 10,000 lei.
The draft law does not apply yet, as it still requires presidential promulgation and publication in the Official Gazette.