EC Says Romania Needs Further Improvements Needed In Judicial Reform, Fighting Corruption

The Commission notes Romania improved judicial efficiency, re-established the legal basis of the National Integrity Agency, continued preparations for the implementation of the four new codes, launched preparations for a functional review of the judicial system and carried out an impact analysis of its anti-corruption policy.

At the same time, the report also notes that consistency and results in a number of areas remain a challenge and that progress in the fight against corruption still needs to be pursued.

The report concludes that Romania needs to take urgent action to accelerate high-level corruption trials and to prevent their prescription due to expiry of statute-barred periods.

The fight against corruption should remain a top priority, with support from Parliament, and urgent measures should be taken to improve the recovery of proceeds of crime, the pursuit of money laundering and the protection against conflict of interest in the management of public funds, the Commission said.

The Commission recommends in the report that Romania should actively accompany the entry into force of the Civil Code and adopt a comprehensive implementation plan for the remaining three new codes; provide sufficient resources for training and the reorganization of courts and prosecutors offices; increase the capacity of the National Institute of Magistracy and adopt its proposals to improve training and recruitment standards. The country should also complete a detailed analysis of the imbalances of workload within the judicial system and create a framework to monitor progress in judicial reform.

Regarding the accountability of the judicial system, the Commission recommends Romania should demonstrate a track record in transparent and objective management decisions within the judiciary, achieve the electronic publication of all jurisprudence and shorten the timeframe for the publication of court motivations.

The EC also recommends the country should take urgent measures to improve judicial practice and case management and speed up important high-level corruption cases to avoid reaching statute-barred periods in all cases and adopt clear procedural rules for decisions of Parliament to lift the immunity of its members based on best practice in other EU member states.

Romania is also required to demonstrate a track record in prompt and dissuasive sanctions taken by administrative and judicial authorities regarding incompatibilities, conflicts of interest and the confiscation of unjustified assets in follow-up to the findings of the National Integrity Agency (ANI); take measures to unify the practice of the Wealth Investigation Commissions and to assure that they handle cases efficiently without prejudging the decision of court; and improve the cooperation between ANI and other administrative and judicial authorities, particularly in the area of public procurement and improve the investigative capacity of ANI through upgrades to their information system and through targeted risk assessments.

On the fight against corruption, the Commission recommends Romania should Improve coordination of anti-corruption policies at highest-level and develop a new multi-annual strategy to prevent and sanction corruption. The EC also recommends the creation of a monitoring group together with civil society to oversee implementation of the strategy.

Romania is required to show convincing results in the recovery of the proceeds of crime by adopting a new law on extended confiscation and strengthening judicial practice.

Romania should also demonstrate a proven track record in pursuing money laundering as a stand-alone offence.

Also, according to the EC, the country needs to develop rules for the prevention of conflict of interest in the management of public funds and within the authorities that regulate, verify and decide on complaints in the area of public procurement.

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