Several provisions of the Bill on the organization of notary activity show potential corruptibility, according to a report of the Center of Analysis and Prevention of Corruption (CAPC). According to the experts, these flaws can have a negative impact and should be revised by the Ministry of Justice, author of the bill.

Roger Gladei, CAPC expert, told a press conference at IPN on Friday, December 19, that the bill generally respects the requirements of decision-making transparency and the principles of collaboration with civil society, after being publicly debated. However, the bill isn't accompanied by an analysis of the impact of its implementation and this is just one flow. Although this kind of analysis is required only for the laws that concern entrepreneurial activity, this bill, put into a broader context, affects the entrepreneurs and requires a similar analysis.

“If we speak about the agenda of the new Parliament and the quality of legislative acts, we have to say that a bill that doesn't have an argumentation, a justification, an impact analysis, is a priori weaker”, said Roger Gladei. Among the identified corruptible elements of the bill, he pointed out the introduction of new terms, which aren't defined in the bill or in other legislation, and the lack of or insufficiency of supervision and control mechanisms. There are also many vague formulations that are susceptible of abusive interpretations.

CAPC also warns that doubling notions leads to legal ambiguities. The expert gave the example of the notions “notarial act” and “notarial action”, which aren't defined, but used frequently in the bill, even though their exact meaning isn't clear.

The CAPC report is part of the Vulnerability Expertise of the Draft Normative and Legal Acts Project, financially supported by MATRA Rule of Law and Good Governance from Kingdom of the Netherlands.