Draft normative acts with risks of corruption. The NAC has the most objections to the Law on the National Fund for Regional and Local Development

The NAC has found several risks of corruption and ambiguity in the draft normative acts submitted to the anti-corruption expertise last week. According to reports issued by anti-corruption officers, the project on the Executive's agenda with the highest risk of corruption is the law on the National Fund for Regional and Local Development, and fewer objections have been made to the draft on establishing the maximum margin for 2022 of 3% in the State Program „Prima casă”( "First House") and the draft law on the additional issue of shares of SA "Energocom", with exemption from taxes and payments related to the show.

In the NAC's expertise report on the draft law on the National Fund for Regional and Local Development, which brings together the National Ecological Fund, the National Fund for Regional Development, the Road Fund, the National Fund for Agriculture and Rural Development and the Efficiency Fund Energy, deficiencies and manifestations of corruption in the fund management process. These regulations, analyzed in the light of national and international anti-corruption standards, will compromise the climate of institutional integrity, the NAC report says.

Another identified risk of corruption is that the commercial bank, which will manage the financial means to execute the investment project from external sources of assistance, will be chosen arbitrarily, and this aspect of the law allows derogations and misinterpretations, it is shown in report. At the same time, the text of the project incorrectly regulates the areas eligible for funding. Moreover, these shortcomings undermine the realization of the public interest and influence the level of trust in the entity that manages the given issue.

Thus, the NAC recommends both the regulation of the selection criteria of the commercial banks, which will execute the financial operations of the project, and the restrictions regarding the financial operations.

Analyzing the draft Government decision according to which, in 2022, for loans guaranteed by the state under the „Prima casă” Program, creditors will be able to apply a commercial surcharge, in the form of interest, up to 3% per annum, the NAC notes that the executive took advantage of the decision-making power provided by law and did not present in the draft the analyzes and arguments why they chose this particular margin. However, this would have meant better decision-making transparency in the Government's work and accountability for the actions taken.

Analyzing the bill that comes to simplify the additional issue of shares of S.A. "Energocom", by exempting taxes and payments related to the issue upon their registration, the NAC warns that the project creates premises for compromising the integrity of the public sector. In addition to the fact that the bill admits abusive behavior and subjective attitudes, it could set a dangerous precedent because it is discriminatory in relation to other subjects of law, who are in similar circumstances.

The NAC also examined the draft Government decision on approving the average salary per economy, amounting to 9,900 lei, for 2022, and objections related to corruption risks were not detected.

Even if the anti-corruption expertise is of a recommendatory nature, the NAC insists that all objections based on the normative acts be removed by the authorities, so that the risks of corruption are minimal.

We remind, that the anti-corruption expertise is the process of identifying risks of corruption that may arise when promoting draft laws and regulations by public entities, the factors that generate them and the development of recommendations to remove their effects. The NAC has been conducting anti-corruption expertise since 2006. 

The full reports can be found on the official website www.cna.md , in the Anti-corruption Expertise section, or by accessing the link https://cna.md/reports.php?l=ro .