Decision-making transparency

1. Legal framework

LAW no. 361 / 2022 on the protection of whistleblowers in the public interest

2. General information
Integrity Warning:

SPJPTCAS operationalizes the internal reporting channel for the persons performing
reporting on violations of the law (persons generically referred to as whistleblowers in the public interest).
In SPJPTCAS, the designated person within the meaning of Law no. 361/2022 is Insp. DARIA OLIVIAN
CONSTANTINE.

Thus, people who choose to address the internal channel of SPJPTCAS to report
violations of the law, they can do it in the following ways:

By email to avertizorsecuritate@gmail.com
Phone number: 0740431276 from Monday to Friday between 9am and 16pm

3. Form – Public interest notice

4. Reports within the meaning of Law no. 361 of 2022 regarding the protection of interested whistleblowers public

• 2023   published 29.12.2023
• 2024   published 30.12.2024

5. Frequently asked questions

A. What is meant by "Breach of Law"?

By violations of the law, we mean facts that consist of an action or inaction which
constitute non-compliance with the legal provisions set out in annex no. 2 of Law no.
361/2022, which concern areas such as:

• public procurement;
• financial services, products and markets, prevention of money laundering and financing
  terrorism;
• product safety and compliance;
• transport safety;
• environmental protection;
• radiological protection and nuclear safety;
• food and feed safety, animal health and welfare;
• public health;
• consumer protection;
• the protection of privacy and personal data and the security of networks and computer systems.

At the same time, they also concern:

• violations affecting the financial interests of the European Union (as referred to in art. 325 of the Treaty on the Functioning of the European Union and as detailed in the relevant measures of the European Union);
• violations related to the internal market (referred to in art. 26 paragraph (2) of the Treaty on the Functioning of the European Union), including violations of the European Union rules on competition and state aid, as well as violations related to the internal market in what
  refers to the acts that violate the rules regarding the taxation of companies or the mechanisms whose purpose is to obtain a fiscal advantage that is contrary to the object or purpose of the law
  applicable in matters of corporate taxation, which represent disciplinary offences, misdemeanors or offences, or which contravene the object or purpose of the law.

B. What happens in case of false reporting?

Reporting information regarding violations of the law, knowing it to be untrue,
constitutes a misdemeanor and is punishable by a fine from 2.500 lei to 30.000 lei, if the act
it was not committed under such conditions as to be considered, according to the law, a crime.

C. Who can make reports?

People who have obtained information about violations of the law can make reports,
in a professional context. The category of these people includes, at least:

• The workers;
• Persons carrying out an independent activity (within the meaning of art. 49 of the TFEU);
• Shareholders and persons who are part of the administrative, management or supervisory body of an enterprise, including non-executive members of the board of directors, as well as volunteers and paid or unpaid interns;
• Any person working under the supervision and direction of the natural or legal person with whom the contract was concluded, its subcontractors and suppliers.

They can also make reports on violations of the law, people whose employment relationships do not have
has yet begun and who reports or publicly discloses information regarding violations of the law obtained during the recruitment process or other pre-contractual negotiations or where the employment or service relationship has ended, as well as persons who report or publicly disclose information regarding violations of the law anonymously.

D. What are the differences between anonymous reporting and named reporting?

In order to benefit from the protection measures, the whistleblower in the public interest must cumulatively meet the following conditions:

• to be one of the persons making reports according to the provisions of art. 2 para. (1) from Law no. 361/2022 and who obtained information regarding violations of the law in a context
  professional;
• had reasonable grounds to believe that the information regarding the reported violations was true at the time of reporting;
• to have made an internal report, an external report or a public disclosure.
  To benefit from the remedial measures, the public interest whistleblower must
  cumulatively fulfill the conditions above, as well as the condition that retaliation is the consequence of the reporting carried out.

They also benefit from these measures:

• the facilitators;
• third parties who are connected to the public interest whistleblower and who could suffer retaliation in a professional context, such as colleagues or relatives of the whistleblower;
• legal entities owned by the public interest whistleblower or for whom the public interest whistleblower works or with whom he has other types of connections in a professional context;
• the public interest whistleblower who anonymously reported or publicly disclosed information about violations but is later identified and suffers retaliation;
• the public interest whistleblower who reports to the competent institutions, bodies, offices or agencies of the European Union.

F. What must the reporting include?

The reporting includes, at least, the following:

• Name and surname;
• Contact details of the public interest whistleblower;
• The professional context in which the information was obtained;
• The person concerned, if known;
• Description of the act likely to constitute a violation of the law within the public or private entity;
• Evidence in support of reporting;
• Date and signature.

By exception, reporting that does not include the name, surname, contact data or
the signature of the public interest whistleblower is examined and resolved to the extent
contains strong indications of violations of the law.

G. What is the procedure for reporting a violation of the law, including how
the public interest whistleblower may be required to clarify the reported information or to
provide additional information, the term to inform the public interest whistleblower,
as well as the type and content of the information?

People who report violations of the law that have occurred or are likely to occur
produce within the authorities, public institutions, other legal entities under public law,
as well as within private legal entities, they have the following at their disposal
ways to report:

• Internal channels – within the public or private entities in which they operate (for more details, see Chapter III of Law no. 361/2022);
  External channels – the National Integrity Agency as well as other public entities that, according to special legal provisions, receive and resolve reports regarding violations of the law,
  in their field of competence (for more details, see Chapter IV of Law no. 361/2022);
• Public disclosure – press, professional, union or employer organizations, non-governmental organizations, parliamentary committees, etc. (for more details, see Chapter V of
  Law no. 361/2022);

Reporting is done in writing, on paper or in electronic format, or through a face-to-face meeting, at the request of the whistleblower in the public interest. The designated person has the obligation to inform the whistleblower in the public interest regarding the registration of the report within 7 days. In resolving the report and taking subsequent actions, the designated person from the competent authorities maintains contact with the whistleblower in the public interest, in order to request additional information and information. The person designated by the competent authorities is obliged to inform the whistleblower in the public interest, within a reasonable period, which does not exceed 3 months or, in justified cases, 6 months after receiving the report, as well as whenever developments are recorded in carrying out subsequent actions, unless the information could jeopardize their carrying out.

After the completion of the examination, the designated person draws up a report that includes the following elements: the presentation of the situation that was the subject of the report, including the description of the information brought to the attention of the competent authority through the recorded report and, as the case may be, through the communication to the authorities, public institutions, other legal entities of subject to public law, as well as to legal entities under private law, of conclusions and recommendations that may include references to possible protective measures. The method of resolution is communicated within 5 days from the completion of the examination to the whistleblower in the public interest and the person concerned.

H. What is the nature of the follow-up actions that can be taken to resolve
reports?

For reporting purposes, subsequent actions are represented by any action
undertaken by the recipient of an internal report or by the competent authority in
in order to resolve the report and, where applicable, remedy the reported violation.