“Under its new legal basis, since 2010 ANI has identified 18 cases amounting to a total of EUR5.7 million of potential unexplained assets, 23 cases of administrative conflict of interest and 118 cases of incompatibilities,” reads the report.
On the other hand, the Commission notes that the judicial and administrative follow-up to these cases has been mixed.
“In two first cases which were raised by ANI under its old law, final decisions by the High Court confirmed the existence of unjustified assets and ordered their confiscation. As a result of findings of incompatibility issued under the new law, one holder of public office was dismissed, sanctions were applied in two other cases and six other holders of public office resigned,” reads the document.
The Commission also highlights that several other cases, many related to conflict of interest, are still pending before judicial authorities, adding that “the process has been complicated by the establishment of the Wealth Investigation Commissions, created in August 2010 as an intermediary between ANI and the courts.”
“Common guidelines or rules of procedure aimed to improving the efficiency of proceedings and unifying practice are currently being developed. A number of training seminars have been carried out in recent months to encourage best practice. A test case will still need to be decided by courts in order to establish whether or not ANI has the power to launch an appeal against the dismissal ordinances issued by the Commissions. The potential dissuasive effect of ANI cases is hindered by the delays and lack of consistency in the judicial and administrative follow-up to ANI cases. Attempts at reopening ANI’s legal and institutional independence have also diverted attention from consolidating ANI’s track record. The forthcoming appointment of a new ANI President provides an opportunity to underline ANI’s institutional stability and integrity.” says the EC.