13. Raport de evaluare întocmit de Agenția Națională de Integritate. Nerespectarea obligației de informare privind
13. Assessment report drafted by the National Integrity Agency

Summary/Abstract: The court of first instance wrongly settled the cause by annulling the assessment report, for a formal reason whose non-observance was not sanctioned with nullity by the legislator, and the claimant did not prove that he wouldn’t have been able to exercise his right to defence in the judicial follow-up. Under the Decision no. 663/2012, the Constitutional Court held on a legally binding basis that the procedure before the Agency lacks any publicity, orality, contradictoriality as the sanctioning of the breaches of law do not fall within its competence. As the agency drafts only assessment reports of certain deeds whose purpose confers the right to bring proceedings in courts or in another institutions, failure to fulfil the second procedure of communication shall not represent any reason for nullity of the assessment report, and the defences shall be brought before the court.

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