Brussels, 30/01/2013 (Agence Europe) - The European Commission is still not reassured over the state of the judiciary in Romania, with its latest report, commissioned this summer at the height of the crisis between the two heads of the executive, Messrs Ponta and Basescu, and published on 30 January, going as far as to describe the situation as “of concern”.
Judging the country on the reforms carried out over the last six months, the Commission observes that, although respect for the constitution and for decisions of the constitutional court has been restored, “the lack of respect for the independence of the judiciary and the instability faced by judicial institutions remain a source of concern”.
Amongst other things, Bucharest is reproached for the frequent intimidation of legal representatives and even personal threats against judges and their families, and the lack of ethical rules and clear criteria for appointments to senior positions, such as the position of public prosecutor of the anti-corruption department. cThis key post has still not been filled, and a number of candidates of questionable integrity have applied for it. cThe Commission also lamented the role of certain sections of the media, which have launched campaigns bordering on harassment against certain representatives of the judiciary, continued Mark Gray, the Commission spokesperson, who referred to “sources on the ground”, for example, concerned reports by journalists present locally.
Other causes for concern include the country's inability to make decisions when members of the government or other officials are the subject of investigations or embarrassing reports. In November, the National Integrity Agency (ANI) submitted reports against a number of ministers and civil servants, according to the Commission's report, yet this did not lead to their resignations. The new government of Victor Ponta, formed as a result of the December elections, has reiterated its intention to fight these practices, but “three further ministers are under investigation for corruption”, the Commission continues.
In a statement drawn up on the eve of the report, AFP states, the Romanian government stressed that no ministers with any integrity or incompatibility issues had been appointed and that the recently adopted MP status lays down a “clear resignation procedure” for members of parliament in a situation of incompatibility or conflict of interests. However, the analysts criticised the appointment of one minister charged with corruption and another who had been prosecuted for referendum fraud.
Whilst Romania has, indeed, implemented a number of recommendations made in July, it must “do more”, Mark Gray continued. Amongst other things, it needs to draw up clear rules on the resignation of ministers who have been the subject of a judgment regarding their integrity, and for members of parliament. In the event of investigations, parliamentary immunity must also be lifted more quickly, the Commission suggests. The country is also expected to take action on the fight against money-laundering and the confiscation of the assets of criminal groups. Although the country's legislation on this issue is still too recent to have been able to have any concrete results, the country suffers from a lack of reliable statistics which could assist it in evaluating the phenomenon.
Romania needs to come into line with all of these requirements ahead of the next report, scheduled for the end of the year. The Commission will also analyse the situation in Bulgaria at the same time. In any case, the two countries'' hopes of finally being able to enjoy the Schengen free-movement area will have to wait a little bit longer with this new unfavourable CVM report. Although the Commission reiterated for the umpteenth time on Wednesday that the two issues should not be linked and Romania in fact continues to “meet the criteria to join the zone”, as Mark Gray put it, the member states are, for their part, waiting for better reports before welcoming the two countries into their club. (SP/transl.fl)