US report raises concerns over Romania’s justice system: Trials are lengthy, costly and unpredictable, DNA’s effectiveness has declined

US report raises concerns over Romania’s justice system: Trials are lengthy, costly and unpredictable, DNA’s effectiveness has declined

Romania has made significant progress in combating corruption, but issues in the judiciary continue to affect the investment climate. The US Department of State mentions processes that can be lengthy, costly, and unpredictable, problems in enforcing court decisions, and difficulties in obtaining and maintaining corruption convictions.

The findings are detailed in the Report on the Investment Climate in Romania for 2026, published on September 30 by the US Department of State. The document is part of the annual series of Investment Climate Reports, where American authorities analyze conditions for investments in over 170 countries and economies.

The report indicates that Romania recognizes property and contractual rights, but their enforcement through the courts can be „lengthy, costly, unpredictable, and difficult.”

Foreign companies doing business or investing in Romania frequently complain about the lack of expertise in commercial matters in the courts. The Department of State notes that judges generally have limited experience in market economy operations, international business practices, or new technologies.

The document also specifies that judicial independence from the executive branch is provided for by the Constitution. However, there are differing opinions on the extent to which the judicial system is procedurally competent, fair, and trustworthy, with some considering the accountability mechanisms insufficient.

### Unpredictable Jurisprudence, a „Major Concern”

One of the clearest observations in the report concerns the lack of predictability in court decisions. „The inconsistency and unpredictability of court jurisprudence or law interpretation remain a major concern for foreign and Romanian investors and society in general,” according to the Department of State.

Issues do not end with the pronouncement of a decision. The report states that the enforcement of court decisions is uneven and can lead to lengthy appeals.

Non-enforcement of decisions or situations where the public administration unjustifiably challenges them are cited as obstacles to the binding nature of court decisions.

### Department of State: DNA Efficiency Declining

A separate chapter is dedicated to corruption. The Department of State highlights that Romania has made significant progress in combating corruption, but it remains a problem. The report notes that the National Anticorruption Directorate is the main prosecution office responsible for combating corruption and that obtaining and maintaining convictions continues to be challenging.

According to the document, the efficiency of the National Anticorruption Directorate in obtaining corruption convictions for high-ranking public officials has decreased, partly after the investigative competence for corruption cases within the judicial system was transferred from the DNA to the General Prosecutor’s Office in 2018.

The report also states that changes to the Judiciary laws and pressures on DNA prosecutors have weakened anti-corruption efforts.

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The English translation of this article was generated with the assistance of AI technology.