Social reuse of confiscated assets

Project facts

Project promoter:
Centre for Legal Resources
Project Number:
RO09-0064
Target groups
Non governmental organisation,
Civil servants/Public administration staff
Status:
Completed
Initial project cost:
€146,595
Final project cost:
€137,830
From EEA Grants:
€ 123,441
The project is carried out in:
Romania

Description

The project is necessary because it develops the Romanian legal framework for involving NGOs in the reuse of the amounts forfeited as a result of committing a crime and advocates for increasing the amounts available for reusing in social projects. Asset recovery has a deterrence effect because corruption and other financial crimes are profit driven. The project aims to raise awareness of NGOs and decision-makers in key ministries and putting on the institutional public policy agenda of the social re-use of assets / amounts seized from crimes, and promoting a public policy proposal to increase the role of NGOs in the social re-use of assets / amounts confiscated from crimes. Project results are one analysis of good practices and one public policy proposal adopted. The project involves the European and national decision-makers as the new directive on confiscation (2014/42/EU) invites the Member States to consider taking measures allowing confiscated property to be used for public interest or social purposes (article 10). The target group consists of 30 NGOs and 58 public institutions. The final beneficiaries will be the victims of crimes and the vulnerable groups.

Summary of project results

The project addressed the issue of freezing, confiscation and recovery of instrumentalities and proceeds of crime and the role of the NGOs in the disposal of confiscated assets. The anti-crime work in Romania, especially the work of National Anticorruption Directorate, is appreciated by international organisations. Although the number of high-level officials prosecuted and convicted for corruption and related crimes is very high, the damages and proceeds of crime are scarcely recovered in practice. This project put on the institutional public policy agenda and advocated for a policy alternative able to bring transparency of the confiscated assets and their usage, namely social reuse of confiscated assets. By such a policy, what is confiscated from crime is given back visibly to society. The project managed to change the legislation by supporting a new legislation on asset recovery and the establishment of an agency for asset recovery. By the new law, NGOs and public authorities have the right to reuse confiscated properties, and 15% of the amounts confiscated from crime are invested in prevention, education and victims' assistance projects developed by NGOs. All the properties that are confiscated by final court order will be presented in detail on a public website. The project delivered a public policy proposal and amendments to legislation, blocked an unconstitutional emergency ordinance, disseminated in Romania the social reuse practices from Italy and Spain, monitored the implementation of the legislation, engaging all the relevant stakeholders in an open debate on asset recovery by organising more than 100 meetings, conferences, seminars, petitions, information requests. Through the project, the promoter built a coalition for social reuse composed of 35 NGOs. More than 620 citizens signed the project petition and more than 20 NGOs improved their advocacy skills. NGOs can become now legal beneficiaries of the confiscated assets and can better monitor the process by increased access to information.

Summary of bilateral results