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European Commission blasts Romania record on high-level corruption-busting

The European Commission has further attacked Romania’s judicial institutions for failing to show concrete results in bringing high-level corruption to justice.

September 2009 - From the Print Edition

The recent Commission (EC)’s monitoring report on Justice issued last summer retained the European pattern of praising Romania’s engagement to attack corruption at the pre-trial stage, which is mostly the work of prosecutors and investigators.
However it also maintained its attack on a lack of reform at the trial stage, the domain of judges, which has not seen an increasing number of sentences or sanctions. Sentences continue to be mild and inconsistent, said the EC.
As in previous reports, the Commission credited efforts made by the National Anti-corruption Department (DNA) and the General Prosecutor’s Office, and retains its criticism of the Parliament and the High Court of Justice.
“The fight against corruption needs to be de-politicised and Romania must affirm its unequivocal commitment to fight against high-level corruption,” said the report. “Independent investigation of former ministers and members of Parliament by the judicial authorities must be allowed to proceed in order to restore public confidence in the fight against corruption and in respect for the rule of law.”
The report also called for the need for public consultation in the preparation of laws.
It requested that the Government should reduce its over-reliance on emergency decrees, which by-pass Parliament to fast-track a law.
Romania also needs to set-up an accessible and comprehensive system for individuals to notify authorities of suspected cases of corruption. “Rules to protect the confidentiality of whistle-blowers need to be developed,” the European Commission noted.
The report questioned the will of the judiciary and the entire political spectrum to accept reform. “Public trust in the fight against corruption will only be restored by delivering results and convictions in high level cases,” the report added.
European officials referred to ten key cases involving former Romanian ministers in which the Parliament has blocked criminal proceedings. The suspicion is that Parliament is ‘protecting its own’ for fear of further reprisals.
European officials have also pointed out that the General Prosecutor’s Office faces a severe lack of staff and recruitment methods do not always allow for the selection of quality personnel.
However Justice Minister Catalin Predoiu said that Romania’s reform in the justice system over the last year has meant that there will be no further financial or legal sanctions from Brussels.
Romania is threatened by the EC with the enaction of the so-called ‘safeguard clause’. Such a measure would mean that Romania’s court decisions would not be recognised by the EU and could not be applied outside Romania in the European Union. If the clause were enacted, Romania would also have restrictions in accessing some free EU cash.
But many commentators believe the safeguard clause in justice is an empty threat because it has never been enforced by Brussels and would be an administrative headache for every EU country which had dealings with Romania.
Romania’s justice reform will be strictly monitored by the European Commission until the end of 2009, as a condition for the country’s accession to the European Union in 2007.
Despite the critical content of the report, President Basescu reaffirmed his support for independent Minister of Justice Predoiu.



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