EC Rule of Law Report on Romania: Challenges remain

14 July 2022

Pressure on magistrates, a high level of perceived corruption, lack of transparency in public spending and frequent legislative changes in Romania are some of the issues highlighted by the European Commission in the annual report Rule of Law, presented to the European Parliament, and published on the institution's website.

The level of perceived judicial independence in Romania continues to be average among both the general public and companies, the report reads.

The Section for the Investigation of Offences in the Judiciary (SIIJ) was dismantled, but some concerns related to the investigation and prosecution of criminal offences in the judiciary remain.

The legal provisions on disciplinary sanctions and their implementation continue to raise concerns for the independence of the judiciary.

The extensive powers and lack of accountability of the Chief Judicial Inspector remain a cause for concern, which the new justice laws are expected to address.

On the upside, the new Strategy for the Development of the Judiciary 2022-2025 and its related Action Plan set clear objectives and a monitoring mechanism.

The perception among experts and business executives is that the level of corruption in the public sector remains high.

The National Anti-Corruption Strategy for 2021-2025 was adopted, and its effective implementation would require determined political support.

The effectiveness of the investigation and sanctioning of corruption continues to improve, including by taking forward cases that were discontinued for some years.

The competencies of the DNA have been reduced, which could have a negative impact on its work and the investigation of some cases.

Given the remaining concerns as regards the new system replacing the SIIJ, its impact on investigating and prosecuting corruption offences remains to be seen.

Challenges remain in recruiting prosecutors within the DNA, in particular due to dissuasive seniority requirements.

The enforcement of the Code of Conduct and the absence of rules on lobbying for parliamentarians remain a concern.

(Photo: Vladek/ Dreamstime)

andrei@romania-insider.com

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EC Rule of Law Report on Romania: Challenges remain

14 July 2022

Pressure on magistrates, a high level of perceived corruption, lack of transparency in public spending and frequent legislative changes in Romania are some of the issues highlighted by the European Commission in the annual report Rule of Law, presented to the European Parliament, and published on the institution's website.

The level of perceived judicial independence in Romania continues to be average among both the general public and companies, the report reads.

The Section for the Investigation of Offences in the Judiciary (SIIJ) was dismantled, but some concerns related to the investigation and prosecution of criminal offences in the judiciary remain.

The legal provisions on disciplinary sanctions and their implementation continue to raise concerns for the independence of the judiciary.

The extensive powers and lack of accountability of the Chief Judicial Inspector remain a cause for concern, which the new justice laws are expected to address.

On the upside, the new Strategy for the Development of the Judiciary 2022-2025 and its related Action Plan set clear objectives and a monitoring mechanism.

The perception among experts and business executives is that the level of corruption in the public sector remains high.

The National Anti-Corruption Strategy for 2021-2025 was adopted, and its effective implementation would require determined political support.

The effectiveness of the investigation and sanctioning of corruption continues to improve, including by taking forward cases that were discontinued for some years.

The competencies of the DNA have been reduced, which could have a negative impact on its work and the investigation of some cases.

Given the remaining concerns as regards the new system replacing the SIIJ, its impact on investigating and prosecuting corruption offences remains to be seen.

Challenges remain in recruiting prosecutors within the DNA, in particular due to dissuasive seniority requirements.

The enforcement of the Code of Conduct and the absence of rules on lobbying for parliamentarians remain a concern.

(Photo: Vladek/ Dreamstime)

andrei@romania-insider.com

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