How to report issues without risking penalties

Foreword

During the 1989 Revolution, Romanians strongly expressed their desire to end the era of fear and uncertainty under communism and to transition into a better age of democracy.

While the octopus of coercive control over the population still exists, it is significantly weakened, and fortunately, it is allergic to the strategies I will explain below, strategies with which we have successfully achieved the following without reprisals:

• I have notified all lawyers about the concealment of their personal data loss. by UNBR with a company, INTRACONECT S.R.L, responsible for several projects in the field of justice. Similarly, I have notified CECCAR of a similar breach.and the criminal/administrative complaints made by both parties did not materialize (we were not even summoned).
  
• We have successfully notified the European Commission of violations of the SOLVIT mandate received from them by the European Commission., and now we are collaborating with them to sanction the Ministry of Foreign Affairs, as well as the High Court of Cassation and Justice, for violations of Regulation 910/2014 (eIDAS - Electronic Signatures).
  
• We successfully collaborated with the Ministry of Justice to promote RIL 22.02.2024, which resulted in the removal of the requirement to belong to a professional body.Previously, the aspect of care was not mandated by law; a federation of associations usurped the role of a regulatory body and effectively extorted law graduates into paying fees that were not legally required.

All efforts involved a degree of vulnerability, ranging from the identification and reporting of certain vulnerabilities to even publishing their existence post-resolution, to the struggle against the interests of veteran lawyers from the UNBR council.

So far, I have not been called as a witness anywhere, no criminal proceedings have been initiated against me, and I have not suffered reprisals that were not strongly and swiftly sanctioned.

Why haven't I been sanctioned?

Reprisals only work when you are afraid: when you are afraid to speak your mind and when, at the first formal threat from an influential person, you run for the hills.

They do not work when you insist almost madly, they do not work when you are right, they do not work when you notify multiple distinct interests.

Therefore, I decided to write this article in the context of the oversight mandated by the Ministry of Justice at the ONRC, hoping to help more people express their opinions and to eliminate once and for all the fear that seems to have permeated the entire budgetary system.

Tip #1: Always advertise to multiple institutions

It is true that at the end of the day, the parties run Romania. Within the parties, it is true that we have party-affiliated companies (or at least companies linked to party interest groups), as well as favored individuals who are "protected" because they have supported the party during difficult times.

It is equally true that Romania is not a one-party state, and moreover, it is not as if there are no people of good faith within a party (there are plenty in both PSD and PNL), nor are there no individuals with malicious interests that could be affected by the interests of another party.

Coalitions are always a form of compromise, and let's not forget that the next election is coming, and each party or party member must demonstrate that they have accomplished something. Sometimes, their own people seriously mess things up, and usually, at the end of the day, everyone looks out for themselves; after that, if there's anything left, we share it with others, in the order of party, friends, the public, etc.

Clearly, the above points are an oversimplification of the complex reality, but the model presented is quite close to the actual situation and effectively explains why the strategies work.

Conclusion: The more people know, the harder it is to hide the dirt under the rug or mistreat the cleaning lady.

For example, let's say you need to report a situation to a public institution. It wouldn't hurt to include a few colleagues in the CC, as well as other competent institutions according to the law in the field (e.g., for poor digitalization at ONRC, also include MCID, which is the ministry with a PSD minister, and MJ, which is the ministry with a PNL minister, and if possible, law enforcement agencies like DNSC, SRI, oversight institutions like ANSPDCP, Integrity.eu, etc.).

It doesn't hurt to include in BCC (so that the recipients cannot see each other), and to communicate with the Prosecutor's Office or law enforcement agencies that can certify they have been informed in case something happens, to ensure that they are fully aware that they have been notified.

Once you send an email, it's hard to deny it wasn't received because there are logs, and oh, you really start to get into trouble if you start deleting things from the server. The longer the chain to hide the mess, the weaker it becomes and the easier it breaks.

Secret #2: Be fair and measured

Politicians, public institution directors, and party firms are well-versed in politics; if you want to engage in politics and confront them while you are doing the same dirty deeds, the chances are it won't work out.

If you are right, they can no longer ignore you, because there are laws that, if violated too severely, risk destabilizing the government, which has a less favorable impact on their personal interests. They also cannot do it beyond a certain point, or else the public will rise up and hold accountable all those in suits who appear to be politicians.

Conclusion: Inform the institutions in a balanced and honest manner, with the necessary evidence.

Therefore, send the information honestly, explain the reasons, avoid unnecessary speculation (only if the evidence you have, even if inconclusive, points in that direction), and focus on solutions.

Typically, politicians and public institutions must provide explanations to the press, and what better way to leverage this than to give them the information, making it public that they possess it (even a Facebook post stating what you've done serves as evidence presented in a public forum - although it's not strictly necessary to do so), and let them find the culprits. Because if they don't, they will be held accountable.

Make sure that those responsible will be found, and not individuals who can counter with responses and create a stir in the press with the evidence they possess.

It is most likely that the SRI is still conducting liquidations, but certainly not as straightforward as before, and probably with the confirmation of the CSAT. The CSAT does not harm innocent people who disturb a party.

So, stay calm because nothing will happen to you. If someone implies they are with the SRI / some service, the chances are it's just some fool sent directly to the reserve because they did something wrong, and they have nothing to do with the institution anymore. All the fools are put in retreat where there is no evidence of betrayal to keep them imprisoned.

In addition to the SRI, there are other intelligence services, from the Ministry of National Defense to the Foreign Intelligence Service, etc., and they exceed their framework to keep each other under control.

Secret #3: Fill yourself with paperwork

If you want to ensure peace, prepare for war. So gather evidence, make copies of the emails you send, document how you inform your superiors at work (as a public servant), and if necessary, even record internal conversations.

Do not make them public if they are not meant to be, but in any case of witnessing a crime or other unpleasant stories, you have every right to disclose the information, whether publicly, in court, or to the OUP, as long as you can turn an investigation against you (which is unlikely to occur) into an investigation against the petitioner.

Conclusion: It doesn't show you all the cards, but it plays most of the good ones.

If you play aggressively, especially if you are very transparent and fair, you will receive other opportunities along the way, so use the good cards first, as more good cards will surely come afterward. Some may reveal themselves by not wanting to take action, or you may be penalized, or someone may try to silence you; there are so many situations that are used as leverage but can backfire strongly.

Make copies of absolutely everything, inform as many people (who are allowed to know) as possible, and be sure that no one will punish you.

A judge may be inclined to dismiss a case if they have had a tough day and the case is too nuanced, especially when it comes to awarding damages, as they may not care.

Before imprisoning someone or holding them accountable, they will look 20 times to see if things are different, especially in high-profile cases such as corruption or whistleblowing.

Final Conclusion: How to Address Institutional Issues Without Facing Repercussions

Very simple, just follow the 3 tips above, and the chances of being penalized are extremely low.

Yes, there is always a risk, but there are also potential gains if you remain honest and do your job well. You secure a better professional or personal life, and in the long run, this means less stress and more time with family for you.

Sport the notice