ANI — Romania’s external reporting channel #
The Agenția Națională de Integritate (ANI), the National Integrity Agency, is one of the authorities competent to receive reports of breaches of the law under Law no. 361/2022. It receives reports, examines them, redirects what falls outside its competence, and establishes and penalises the offences the Law creates.
This page is a reference on the authority: what it does and does not do, how a report is filed, which deadlines apply, and what it can fine. For the internal-channel duty and the thresholds, see whistleblower law in Romania .
What ANI is in this system #
| Authority | Agenția Națională de Integritate (the “Agency”) |
| Legal basis | Law no. 361/2022 on the protection of public-interest whistleblowers, Chapters IV and VII |
| Role | External reporting channel, alongside the other competent authorities (art. 3(15) and art. 12(1)) |
| Structure | A distinct specialised structure within the Agency; integrity inspectors designated as responsible persons (art. 16) |
| Sanctions | Establishes and penalises the offences in arts. 28 and 29 (art. 30(1)) |
Who counts as a “competent authority” #
The Law does not designate a single authority. Under art. 3(15) the competent authorities are:
- (a) public authorities and institutions that, under special legislation, receive and resolve reports in their own field of competence;
- (b) the National Integrity Agency;
- (c) other public authorities and institutions to which the Agency transmits reports for resolution.
That architecture creates mutual redirection duties (art. 12):
- reports the Agency receives that belong to the (a) authorities are redirected immediately to them, preserving confidentiality and integrity guarantees;
- the (a) authorities must immediately redirect to the Agency any report within its competence;
- the Agency immediately redirects to the (c) authorities where it lacks competence to examine and take follow-up action;
- the (c) authorities immediately redirect misdirected reports back to the Agency.
The whistleblower must be notified of a redirection within 3 working days of it happening (art. 12(5)).
The Agency’s tasks #
Article 14 lists them:
- resolves the reports within its competence;
- forwards a report to the competent authority according to its subject matter;
- transmits information in good time to the competent EU institutions, bodies, offices or agencies;
- organises periodic public information activities on the reporting procedure and the protection measures;
- provides advice to employers, on request, in drafting and revising internal procedures;
- provides training for the persons designated to resolve reports;
- provides confidential advice, on request, to people intending to make a report;
- proposes legislative amendments and cooperates with similar institutions.
Two are worth drawing out: ANI advises employers on request when they write their internal procedures, and offers confidential pre-reporting advice to people considering coming forward.
Powers and duties when resolving a report #
In resolving a report, the Agency and the art. 3(15)(c) authorities may (art. 13(1)) request documents held by any public authority, public institution, or public- or private-law legal person and receive copies, and request information from the whistleblower, the person concerned and anyone else who can help — including by inviting them to their premises.
They must (art. 13(2)) receive, examine and answer reports through designated persons; take follow-up action; ensure confidentiality; retain reports for 5 years from registration; maintain contact with the whistleblower; and inform them how the report was resolved.
The external procedure and its deadlines #
| Stage | Deadline |
|---|---|
| Acknowledgment of receipt | Immediately, and no later than 7 calendar days from receipt — unless the whistleblower expressly asked otherwise or the Agency reasonably considers the acknowledgment would endanger the protection of their identity (art. 17(1)) |
| Notice of redirection | 3 working days from the redirection (art. 12(5)) |
| Responses to the Agency’s requests | Those asked must reply within no more than 15 working days of receiving the request (art. 17(5)) |
| Informing the whistleblower | A reasonable time not exceeding 3 months or, in justified cases, 6 months from receipt of the report, and whenever there are developments (art. 17(6)) |
After registration, the designated person carries out a first examination of whether the conditions in art. 2, art. 5(3) and art. 6 are met. Where there are indications that a breach exists, the substantive examination follows (art. 17(2) and (4)). At the end, a report is drawn up setting out the situation, the information brought to the Agency’s attention and the outcome of the examination (art. 17(7)).
Offences — ANI both establishes and penalises them #
Unlike Poland, where liability is criminal, Romania uses an administrative-offence regime, and the Agency’s own specialised structure establishes and penalises the offences (art. 30(1)).
| Conduct | Fine |
|---|---|
| Preventing a report by any means, by the person designated to receive and register reports (art. 28(2)(a)) | RON 2,000–20,000 |
| Unjustified refusal to answer the Agency’s requests under art. 17(5) (lit. b) | RON 3,000–30,000 |
| Failure to establish the internal reporting channels required by art. 9(1) (lit. c) | RON 3,000–30,000 |
| Failure to comply with the obligations in art. 10(1)(a) (lit. d) | RON 4,000–40,000 |
| Breach by a natural person of the duty to keep confidential the identity of the whistleblower, the person concerned or third parties (arts. 8 and 25) (lit. e) | RON 4,000–40,000 |
| False reporting — reporting information while knowing it is untrue (art. 29) | RON 2,500–30,000 |
These are offences only where the conduct was not committed in circumstances making it a crime under criminal law (art. 28(2)).
Breach of the Law attracts, as the case may be, civil, disciplinary, administrative-offence or criminal liability (art. 28(1)).
Rights cannot be waived #
The rights and measures the Law provides cannot be waived or limited by contract, by the form or conditions of employment, or by an arbitration agreement concluded before a dispute. Any settlement seeking to limit or waive them is void by operation of law (art. 27).
The Agency’s information duty #
Article 15 requires the Agency to publish on its website, in a separate, easily identifiable and accessible section, at least the conditions for qualifying for protection and the other information the Law specifies.
Official sources #
- Law no. 361/2022 on the protection of public-interest whistleblowers — Portal Legislativ
- ANI — public-interest whistleblowers
- Directive (EU) 2019/1937 — EUR-Lex
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