“This report is adopted at a time when important questions are raised with regard to respect for rule of law and the independence of the judiciary in Romania. (…) The Commission considers that recent steps by the Romanian Government raise serious concerns about the respect of these fundamental principles. These steps took place in an overly polarized political system where mistrust between political entities and accusations are a common pattern; however this political context cannot explain the systematic nature of several actions,” reads the Cooperation and Verification Mechanism (CVM) report the European Commission adopted Wednesday.
Political challenges to judicial decisions, undermining the constitutional court, overturning established procedures and eliminating key checks and balances have called into question the Government’s commitment to respect the rule of law and independent judicial review, according to the report.
The Commission is extremely worried especially about signs of manipulation and pressure which affect institutions, members of the judiciary, and have a serious impact on society as a whole, the document notes.
The Commission also expresses its concern about “the recent pressure exercised by members of the Romanian Government and senior politicians on the Constitutional Court”, adding that “these are unacceptable interventions against an independent judicial institution.”
“In particular, the Commission is concerned by the recent limitation of competences of the Constitutional Court in regard to parliamentary decisions. The Romanian authorities must urgently restore these competences in accordance with the Romanian Constitution. The Commission has been informed by letter of 16 July from the Prime Minister of Romania that this requirement will be met,” the report reads.
The Commission also notes that on July 3, the Romanian Parliament “prematurely terminated the mandate of the Ombudsman. The Romanian authorities need to ensure the independence of the Ombudsman, and appoint an Ombudsman enjoying cross-party support, who will be able to effectively exercise its legal functions in full independence.”
The trust of Romania’s EU partners will only be won back through proof that the rule of law is above party interests, that all sides show full respect for judicial review including at constitutional level, and that reforms are irreversible, notes the document. “This needs legal steps – it also requires a political commitment to the rule of law that has been absent from recent decisions.”
“Romanian authorities need to demonstrate that a sustainable and irreversible reform process has taken root in Romania and that the external intervention of the CVM is no longer needed. This is why recent steps by Government and in Parliament raise particular concerns,” the CVM report reads.
European Commission President Jose Manuel Barroso said Wednesday Romania has stepped back from the edge, but must honor all its commitments, adding that the Commission will continue to monitor the situation and a new CVM report will be adopted this year.
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.
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.
The report also includes ten recommendations on observing the rule of law and the independence of the judiciary.