The government decision regarding the organization and functioning of the National Agency for the Administration of Courts violates several other laws and shouldn't be adopted in the current version, warns the Center of Analysis and Prevention of Corruption (CAPC), which assessed the corruptibility of the document.
The draft proposes the Department of Legal Administration to be renamed into the National Agency for the Administration of Courts. CAPC expert Viorel Parvan told a press conference at IPN that the Ministry of Justice, author of the document, doesn't provide any arguments in favor of maintaining the institution under its subordination, in spite of previous debates demanding the institution to be subordinated to the Superior Council of the Magistracy (CSM). The proponents of this solution argued that it would prevent the doubling of competences and the interference of executive power in the judiciary.
Parvan pointed out another proposal which the Ministry failed to explain, that of increasing the staff of the Agency from 11 to 33 employees, which would also increase the institution's expenses.
A thorough analysis of the draft also revealed that it conflicted with current laws and some competences of the Agency overlapped with those of CSM, such as the management of human resources and the financing of courts.
In case the authorities insist on adopting this decision, CAPC recommends the revision of the current draft in order to bring it in accordance with other laws.
CAPC's analysis was conducted within 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.