According to Barroso, the report will look at whether Romanian authorities addressed the concerns expressed by the Commission.
The EC will closely monitor the situation in Romania to make sure that the commitments made by Prime Minister Victor Ponta concerning the rule of law and the independence of the judiciary are honored, he added.
Barroso highlighted that the political developments in Romania over the past three weeks have been a source of concern for the Commission and the European Union.
The European Commission adopted Wednesday its annual report on Romania’s progress in the justice sector, under the Cooperation and Verification Mechanism (CVM) implemented in 2007.
According to the report, “given current uncertainties, the Commission will adopt a further report under the CVM for Romania before the end of 2012. In this report, it will look at whether the concerns it expresses regarding the rule of law and the independence of the judiciary have been addressed and whether the democratic checks and balances have been restored. The Commission will monitor progress closely, with regular missions, as well as frequent dialogue with the Romanian authorities and with other Member States.”
The report includes ten recommendations on observing the rule of law and the independence of the judiciary:
– repeal Emergency Ordinance no. 38/2012 and Emergency Ordinance no 41/2012 and ensure that Constitutional Court rulings on the quorum for a referendum and the scope of the Court’s responsibilities are respected;
– respect constitutional requirements in issuing emergency ordinances in the future;
– implement all the decisions of the Constitutional Court;
– ensure the immediate publication of all acts in the Official Journal, including decisions of the Constitutional Court;
– require all political parties and government authorities to respect the independence of the judiciary; with a commitment to discipline any government or party member who undermines the credibility of judges or puts pressure on judicial institutions;
– appoint an Ombudsman enjoying cross-party support, through a transparent and objective process, leading to the selection of a personality with uncontested authority, integrity, and independence;
– introduce a transparent process for the nomination of the General Prosecutor and Chief Prosecutor the National Anti-Corruption Directorate. This should include open applications based on criteria of professional expertise, integrity and a track record of anti-corruption action. No nomination should be made under the acting Presidency;
– avoid any presidential pardons during the acting Presidency;
– refrain from appointing Ministers with integrity rulings against them; ministers in that situation should step down;
– adopt clear procedures which require the resignation of Members of Parliament with final decisions on incompatibility and conflict of interest, or with final convictions for high-level corruption.