The Monitoring Committee of the Parliamentary Assembly of the Council of Europe, through co-rapporteurs Edith Estrella (Vice-President of APCE) and Christa Baumane, presented periodic analysis regarding Romania’s compliance with the obligations imposed on each member in the sphere of democracy, rule of law and human rights.

“Since joining the Council of Europe, Romania has made significant progress in the functioning of democratic institutions and respect for human rights. The irreversibility and sustainability of these achievements have been called into question by the events of 2017-2019, particularly in the areas of the judicial system and the fight against corruption. However, the Assembly notes with satisfaction that this resurgence has been successfully overcome and that Romania is back on the path of reform,” the report said.

The strategy for the development of the judicial system for 2022-2025, adopted by the Government on March 30, 2022, sets clear objectives in this regard, according to the co-rapporteurs, and is accompanied by a monitoring mechanism.

“From the point of view of the independence of the judiciary, the abolition of the Office of Criminal Investigation of the Judiciary on 11 March 2022 was an important step and should be welcomed,” the analysis said.

However, there is some concern about the new system of investigating and prosecuting crimes in the judicial system.

Although the power to investigate crimes committed by magistrates is currently delegated to prosecutors appointed to the Prosecution Offices of the High Court of Cassation and Justice and the Courts of Appeal, the Commission calls for sufficient resources to be allocated to the investigation of complex corruption cases.

In addition, safeguards are needed to ensure the independence of the judiciary and prevent any risk of politicization.

These include the procedure for appointing appointed prosecutors, which should ensure their integrity, competence and impartiality.

Therefore, the Assembly appeals to the Romanian authorities:

In the judicial sphere:

• to continue the initiated reform in compliance with the terms set by the Strategy for the Development of the Judicial System for 2022-2025;
• take into account the recommendations and address the concerns expressed by the Venice Commission and GRECO in the preparation of the Justice Bills to be submitted to the Parliament in autumn 2022;
• ensure the inclusive nature of the legislative process; hold meaningful consultations with all stakeholders and try to take into account different points of view;
• introduce adequate safeguards in the new system of criminal investigation and prosecution of crimes in the judicial system after the abolition of the Criminal Investigation Section of the judicial system to guarantee the independence of the judiciary;
• to continue the implementation of already adopted measures aimed at improving the efficiency and quality of the judicial system, in particular, increasing the number of recruited magistrates, redistributing the burden on courts and strengthening the digitalization of the judicial system.

• Read also: USR notified the Venice Commission on Laws of Justice / Predoi fumed: It is unfair, wrong and hypocritical to accuse us of not reporting it ourselves

In the fight against corruption

• continue the implementation of the National Anti-corruption Strategy and ensure strong political support for its effectiveness;
• to make changes to the Criminal and Criminal Procedure Codes in accordance with the decisions of the Constitutional Court and the recommendations of the Venice Commission regarding the terms established by the National Anti-Corruption Strategy;
• to effectively solve the problem of staff shortage in the National Anti-corruption Administration.

After the adoption of the resolution by the Monitoring Committee on September 14, during the October PACE session (October 10-14, 2022), a plenary debate will take place.

Read also:

• VIDEO. What changes and additions did the parliamentarians make to the laws “Justice – powers of the High Council of Magistracy”