The American Chamber of Commerce in Romania (AmCham Romania) salutes the recent publication by the Agency for Government Strategy of the report on the implementation in 2007 of Law 52/2003 regarding the transparency of decision-making in public administration.
Law 52/2003 establishes a framework for a public consultation process on any legislative act, including the requirement for a 30-day period prior to the enactment of legislation, during which interested parties can make suggestions for improvements. Only very limited exceptions are allowed, such as legislation concerning national security or strategic economic interests.
Other conclusions of the report reconfirm the concerns repeatedly expressed by the American Chamber of Commerce in Romania (AmCham Romania) regarding the adoption of legislation without public consultation. According to the report, out of 4.127 normative acts adopted in 2007 at central administration level, 35% were adopted without being publicly announced, thus breaching the provisions of Law 52/2003 on transparency. These statistics are worrisome to the business community in Romania, as well as to potential investors, and indicate that Romania, although a EU member with a clear legal framework, does not ensure a transparent decision-making process and does not respect a right provided by law.
AmCham Romania, on behalf of the business community it represents, emphasizes the importance of the correct consultation process being respected. This is not only a statutory right under Law 52/2003, but also essential for general economic well being. Failure to apply the consultation process besides breaching the law, creates tension between the business environment and the authorities, weakens the confidence of the business community and creates confusion and mistrust, with negative effects for both investors and the authorities.
The American Chamber of Commerce in Romania reaffirms its availability to expand the dialogue with the authorities to encourage transparency and a level playing field for all investors and to offer its members’ expertise in order to create a healthy and competitive business environment.


About the American Chamber of Commerce in Romania