OPINION on the verification of the integrity of persons holding public office management positions in autonomous public authorities

This opinion develops on the procedure of verification of integrity and interests of candidates for public office, who are nominated by Parliament. In particular, the mechanism of verification of declarations of assets and interests via the Law no. 133/2016 but also the verification of the candidates based on the provisions of Law no. 271/2008 is analysed.

Our conclusion is that the process of verification of candidates for management positions in autonomous public authorities, who are appointed by Parliament can be improved by: (1) ex-ante verification of candidates nominated by Parliament via a competitive process or appointment, (2) expanding the circle of close persons of candidates who are verified in the chapter on wealth and interests, (3) the use of indirect data that could lead to conclusions that they are undeclared property and assets outside the country; and (4) active cooperation with other states to ensure the fullness of the verifications of wealth and interests.

We recommend amending the Laws regulating the activity of autonomous public authorities, mentioned in this opinion, including the obligation to submit the wealth declaration at the pre-selection or competition stage, as well as checking by NIA before the appointment of shortlisted candidates for management positions of wealth declarations. Additionally, we recommend taking over both the information provided by NIA and the SIS control under Laws 133/2016 and 271/2008 in order to complement the information on candidates.

This opinion was prepared within the IPRE project “Strengthening the resilience against the systemic kleptocracy in the Republic of Moldova” funded by Soros Foundation Moldova. The opinions expressed in this publication are the sole responsibility of IPRE experts and do not necessarily reflect the position of the Soros Foundation Moldova