| 67 |
Is there an agency, series of agencies, or equivalent mechanism overseeing state-owned companies? |
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67:
In law, is there an agency, series of agencies, or equivalent mechanism overseeing state-owned companies?
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| Score: |
YES |
NO |
 |
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Comments:
References: State-owned companies fall under the supervision of various ministries and agencies. A distinction can be made between: - public companies (regies autonomes) such as those owned by the Ministries of Economy, Transportation, Environment, Agriculture, Communication, etc - and normal, joint-stock companies currently slated for privatization, in which the state still holds all or a majority of shares; this category is administered by a special quasi-ministry called the Authority for State Assets (AVAS) The list of laws and regulations governing public and state-owned companies is long and constantly changing.
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| 68 |
Is the agency, series of agencies, or equivalent mechanism overseeing state-owned companies effective? |
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68a:
In law, the agency, series of agencies, or equivalent mechanism overseeing state-owned companies is protected from political interference.
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| Score: |
YES |
NO |
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Comments:
References: - Ionut Popescu, senator, columnist and former minister of Finance, Aug. 12, 2008, Bucharest - Bogdan Chiritoiu, advisor to the president on social and economic affairs, Aug. 12, 2008, Bucharest
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68b:
In practice, the agency, series of agencies, or equivalent mechanism overseeing state-owned companies has a professional, full-time staff.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: - Ionut Popescu, senator, columnist and former minister of Finance, Aug. 12, 2008, Bucharest - Bogdan Chiritoiu, advisor to the president on social and economic affairs, Aug. 12, 2008, Bucharest
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68c:
In practice, the agency, series of agencies, or equivalent mechanism overseeing state-owned companies receives regular funding.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: As the structure of supervision is so broad and complex, the question in this format has little relevance. But in general, these being "rich" and politically strong ministries and agencies, on average they do not suffer too much from budget constraints.
References: - Ionut Popescu, senator, columnist and former minister of Finance, Aug. 12, 2008, Bucharest - Bogdan Chiritoiu, advisor to the president on social and economic affairs, Aug. 12, 2008, Bucharest
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68d:
In practice, when necessary, the agency, series of agencies, or equivalent mechanism overseeing state-owned companies independently initiates investigations.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: - Ionut Popescu, senator, columnist and former minister of Finance, Aug. 12, 2008, Bucharest - Bogdan Chiritoiu, advisor to the president on social and economic affairs, Aug. 12, 2008, Bucharest
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68e:
In practice, when necessary, the agency, series of agencies, or equivalent mechanism overseeing state-owned companies imposes penalties on offenders.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: - Ionut Popescu, senator, columnist and former minister of Finance, Aug. 12, 2008, Bucharest - Bogdan Chiritoiu, advisor to the president on social and economic affairs, Aug. 12, 2008, Bucharest
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| 69 |
Can citizens access the financial records of state-owned companies? |
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69a:
In law, citizens can access the financial records of state-owned companies.
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| Score: |
YES |
NO |
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Comments:
References: The Law of Access to Public Information (Law 544 / 2001) does specify that the budgets of public authorities are by default public. However, public companies (and even more so firms in which the state is a majority shareholder) have permanently interpreted the law as if it didn't apply to their case. Court decisions on this matter tend to lean towards transparency, but the judiciary practice is far from being consistent.
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69b:
In practice, the financial records of state-owned companies are regularly updated.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: - Ionut Popescu, senator, columnist and former minister of Finance, Aug. 12, 2008, Bucharest - Bogdan Chiritoiu, advisor to the president on social and economic affairs, Aug. 12, 2008, Bucharest
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69c:
In practice, the financial records of state-owned companies are audited according to international accounting standards.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: - Ionut Popescu, senator, columnist and former minister of Finance, Aug. 12, 2008, Bucharest - Bogdan Chiritoiu, advisor to the president on social and economic affairs, Aug. 12, 2008, Bucharest
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69d:
In practice, citizens can access the financial records of state-owned companies within a reasonable time period.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: - Suzana Dobre, executive director, SAR, Aug. 12, 2008, Bucharest - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Aug. 12, 2008, Bucharest
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69e:
In practice, citizens can access the financial records of state-owned companies at a reasonable cost.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: - Suzana Dobre, executive director, SAR, Aug. 12, 2008, Bucharest - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Aug. 12, 2008, Bucharest
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