The European Commission published today a report on the rule of law with analysis for each member state. The Rule of Law Report is now in its third edition and contains a specific analysis of the cardinal elements in all Member States of what we now call the rule of law: the independence of the judiciary, the fight against corruption, freedom of the press and a section on the established mechanisms of checks and balances. regarding the division of power in the state.

For Romania, the Rule of Law Report is a supplement to the MCV, which is legally binding and a condition of accession. Unfortunately, Romania has not yet implemented the recommendations to increase the MCV. A special feature of this edition is that each report contains recommendations for each state. In short, no country is sacrosanct when it comes to fully complying with these conditions. Of course, there are better or worse students, but in the end respect for the rule of law is never fully achieved and requires constant efforts by all actors in society to achieve a functioning democracy of Union standards.

In addition to the current crisis, in recent years the European Union has faced a serious failure in some European states in terms of the rule of law. The pandemic only added to the pressure, because in times of crisis, democratic control and the separation of powers in the state underwent a greater test.

Russia’s war against Ukraine is a war against democracy, international law and undermines democracy and the rule of law. In such times, the example and efforts of European institutions and member states in these areas become a responsibility.

We talk about security because we want to protect our democratic values ​​or, unfortunately, some states when it comes to the internal situation, such as the independence of the judiciary, freedom of the press, the fight against corruption, the predictability and quality of legislation, in short. respect for the rule of law is violated. We protect ourselves from the external enemy, but inside us there is an invisible enemy that is eroding and continues to destroy the foundation of European construction.

The European Union has many tools and methods to help states get back on track, from preventive methods to financial sanctions, but which unfortunately still ultimately affect taxpayers.

Ex abrupto, the Commission has 6 additional recommendations to the commitments made under the National Recovery and Resilience Plan regarding certain aspects of the justice system, the anti-corruption framework and the legislative process, as well as the recommendations under the Cooperation and Verification Mechanism recommended in Romania:

• Ensuring that the review of justice laws strengthens safeguards for the independence of the judiciary, including reforming the disciplinary regime for magistrates and taking measures to address remaining challenges in the investigation and prosecution of criminal offenses in the judiciary, taking into account European and current standards such as as the conclusions of the Venice Commission.

• Introduction of lobbying rules for deputies.

• Resolving the operational issues of the National Anti-Corruption Directorate, including the recruitment of prosecutors, and closely monitoring the impact of the new system on the investigation and prosecution of corruption crimes in the judicial system.

• Strengthening the rules and mechanisms for increasing the editorial independence of public mass media, taking into account European standards for public mass media.

• Ensuring effective public consultations before the adoption of the draft law.

• Continue efforts to create a National Human Rights Institution taking into account the Paris Principles of the UN.

A recent Politico article shows that EU law is being flouted by member states, as the data shows. Over the past five months, POLITICO’s teams of reporters have set out to document massive violations of EU law, from a polluting steel plant in Italy to faulty or unsafe products that make their way through major e-commerce from Belgium, from farmers to Romanians who indiscriminately use pesticides that destroy bees, despite the fact that they have been banned throughout the EU since 2018.

EU membership is sometimes taken for granted, and perhaps the authorities, politicians and even citizens do not realize how important it is, that in times of crisis, such as the pandemic, or now, when security problems arise, Romania is a privileged country, and many other countries I would like to be in Romania’s place. Bearing this in mind, membership in the EU involves not only privileges, rights and European funds, but also duties and obligations that must be respected.

The commission examines all four main sections of the report on the rule of law and analyzes the justice system in Romania, its independence, quality and efficiency. One of the important points emphasized by the Commission is attention to the new draft laws on justice, to the content, but more importantly, to how they will be discussed in the public space.

1. In the PNRR, Romania committed to amend the laws on justice by June 30, 2023 as part of the reform aimed at ensuring the independence of the judicial system, improving its quality and efficiency. The section also mentions the abolition of the Criminal Investigation Department of Justice (SIIJ), but there are some concerns about the investigation and prosecution of criminal justice crimes. Digitization of the justice system is considered a key element in the improvement of the justice system. At the heart of the digital transformation of the justice system is the implementation of ECRIS V, a new case management system with a centralized architecture that will facilitate digital interaction between parties and judicial institutions, as well as between judicial institutions and other relevant institutions. Romania continues to be criticized for judicial efficiency due to the excessive length of trials.

2. In the section on the fight against corruption, from the analysis of the anti-corruption strategy adopted by Romania to the analysis of the activities of DNA, ANI and ANABI, the Commission notes certain concerns about the changes in the SIIJ that may have consequences for DNA’s activities in the future. Otherwise, there are still problems with hiring prosecutors in the DNA, in particular due to strict requirements regarding work experience. The Commission criticizes the Senate for the fact that it has not yet defined objective criteria for making decisions on requests for the removal of parliamentary immunity. The transposition of the Whistleblower Directive is also mentioned, and the Chief Prosecutor of the European Public Prosecutor’s Office, Laura Codruca Kovesi, noted that the government has expressed its intention to adjust the bill, as the legislative process is still ongoing. Another problem identified in the report is that there is limited transparency in the financing of political parties and the application of the relevant rules. Paradoxically, today the Law on Whistleblowers was recognized as constitutional, the UDR’s report was rejected. A law that poorly transposes the directive is promulgated. We hope that the President of Romania will send him for examination.

3. The third section is devoted to the freedom of the press, where the Commission is concerned about threats, cases of harassment and violence against journalists. In September 2021, two journalists and an environmental activist were attacked while filming a documentary about illegal logging. The attackers deleted the entire recording and destroyed the equipment. Although the then Prime Minister condemned the attack and an investigation was launched, a public petition asking the Attorney General to take over the investigation was not accepted. The Commission pays attention to the preservation of the activities and budget of the National Broadcasting Council (CNA). The report also examines access to information and points out that the authorities’ response to freedom of information requests is often insufficient and inconsistent, including in response to urgent decisions, such as the COVID-19 pandemic or the Ukrainian refugee crisis. Read the full article at contributors.ro