The European Commission has published the 2024 report on compliance with the rule of law in each member state, the Ministry of Justice reports in a press release.
The rule of law in Romania, once again caught in the crosshairs. Photo source: archive
The report dedicated to Romania, although it praises the anti-corruption fight, also brings us many criticisms. One of these concerns the statute of limitations, which has allowed many defendants to avoid prison sentences. The European Commission’s report also mentions the issue of non-transparent financing of the media by political parties with money from the budget.
The European Commission also emphasizes that the government frequently makes use of emergency ordinances and refers to GEO no. 21/2024 on local and European parliamentary elections. “This has given rise to debate, as emergency ordinances should not be used to change election rules, especially months before an election is due to take place”the report shows.
The most important recommendations of the European Commission
– Completion of the process initiated to consider the recommendations of the Venice Commission on justice laws, including through consultations and evaluations, with a view to improving justice laws at the next opportunity.
– Continue efforts to ensure adequate human resources for the justice system, including prosecutors’ offices, taking into account European standards on resources for the justice system.
– Taking measures, especially at the operational level, to ensure the effective investigation and prosecution of criminal offenses within the judicial system, including corruption offences, taking into account European standards.
– The introduction of lobbying rules for members of Parliament.
– Intensification of efforts to strengthen the rules and mechanisms to strengthen the independent governance and editorial independence of public media services, taking into account the European standards regarding public media services.
– Intensification of efforts to ensure effective public consultations before the adoption of legislation.
– Continuation of the accreditation process of two national institutions for human rights, taking into account the UN Paris principles.
What does the EU report on the rule of law in Romania say
The European Commission stated that “the implementation of the Anti-corruption Strategy 2021-2025 remains on track. The authorities maintain a positive record in the fight against corruption, including high-level corruption cases. However, the delayed legislative response to the statute of limitations continued to result in many corruption cases being closed and convictions overturned“.
“Public procurement remains a sector with a high risk of corruption and, as it is a high priority sector, steps are being taken to identify the areas and procedures most prone to corruption in public procurement“.
“Despite a strong legal framework and enforcement of sanctions, some political parties appear to have increased their funding of private media for political advertising“.
“The legal framework on access to information has not yet improved.”
“Late legislative response to the statute of limitations continued to result in many corruption cases being closed and convictions overturned. A series of disciplinary sanctions imposed by the Superior Council of Magistracy were later annulled by the High Court of Cassation and Justice”.
“The 2023 Rule of Law Report noted concerns about some cases of disciplinary sanctions in relation to certain magistrates. According to stakeholders, SCM practice does not always meet the standards set by the ICCJ, and some disciplinary sanctions continue to raise questions. Remedies through judicial review remain an effective legal safeguard, with several cases of sanctions being deemed unjustified and ultimately overturned by the ICCJ. However, such procedures take time and do not have a suspensive effect and could have a deterrent effect on magistrates. In one case, the European Court of Human Rights ruled that the Romanian courts violated Article 10 (freedom of expression) of the European Convention on Human Rights”.
“Some magistrates have expressed concern about politically motivated investigations being launched against them.”
“ANI maintained its track record in managing conflicts of interest and asset declarations.”
