The European Commission's report on the rule of law in Romania: The issue of prescription has not been resolved

The European Commission's report on the rule of law in Romania: The issue of prescription has not been resolved

The European Commission released on Wednesday the rule of law report for each of the 27 member states.

In the case of Romania, among other things, it noted that the delayed legislative response regarding the statute of limitations continued to lead to the closure of many corruption cases and the annulment of convictions.

Thus, compared to the 2023 Rule of Law Report, the European Commission finds that Romania has made no progress in introducing rules on lobbying for members of Parliament.

Furthermore, there has been no progress in strengthening the rules and mechanisms for enhancing independent governance and editorial independence of public media services, taking into account European standards on public media services.

The Commission reproaches Romania for making no additional progress regarding ensuring effective public consultations before adopting legislation.

The adoption of legislation to improve the transparency of political party financing remains pending.

On the other hand, the report shows that additional measures have been taken regarding the system for investigating and prosecuting corruption offenses within the judicial system.

A proposal to update the integrity framework has been submitted to the Ministry of Justice, but it does not address the gaps.

Public procurement remains a sector with a high risk of corruption, and as it is a high-priority sector, measures are being taken to identify the areas and procedures most prone to corruption in public procurement, as indicated in the report.

Gorghiu: This is the best report so far regarding the justice chapter

The Minister of Justice, Alina Gorghiu, states that "this is the best report so far regarding the justice chapter."

Thus, "numerous significant progress" is noted in meeting last year's recommendations regarding the judicial system and elements of progress in terms of the anti-corruption framework, such as the timely implementation of the National Anti-Corruption Strategy, maintaining a positive balance in combating corruption, including high-level corruption cases, and progress in the functioning of the post-SIIJ system (Section for Investigating Offenses in Justice).

"However, there are still some recommendations that require additional efforts from Romanian authorities outside the judiciary sphere," Gorghiu mentions.

Judicial System

The communication states that this year's Report notes numerous significant progress in meeting the recommendations from 2023 regarding the judicial system, including:

  • the evaluation of the Venice Commission Opinion on the Justice Laws by the Panel of independent experts established by the Ministry of Justice (in September 2023) and the publication of the evaluation on the Ministry of Justice's website (in February 2024);
  • initiating institutional-level consultations within the judicial system regarding the evaluation by the Panel of experts;
  • ensuring the stability of judicial reform and the implementation of the Justice Laws;
  • the effectiveness of judicial control conducted by the ICCJ in disciplinary matters (discipline of magistrates);
  • progress in filling vacant positions in the judicial system;
  • significant efforts for the digitalization of the judicial system;
  • efforts to address salary inequities in the judicial system;
  • reforming the system of providing legal aid for the benefit of citizens.

Anti-Corruption Framework

According to the source cited, the Report notes progress in the anti-corruption framework, such as:

  • timely implementation of the National Anti-Corruption Strategy;
  • maintaining the number of DNA prosecutors at the level assumed by the NRRP (85% of the total number of positions);
  • maintaining a positive balance in combating corruption, including high-level corruption cases;
  • progress in the functioning of the post-SIIJ system, including amending Law 49/2022 through Law 213/2024, which increased the number of prosecutor positions (at least 14 in the central structure and at least 3 in the territorial structures); it also established the possibility for the Prosecutor General to propose, ex officio, to the CSM plenum, prosecutors to occupy positions at the special section for investigating offenses committed by magistrates;

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