“Since the Commission’s last report, Romania adopted legislation seeking to strengthen the disciplinary responsibility of the judiciary. This law amends the scheme of disciplinary offences, increases sanctions, and strengthens the independence of the Judicial Inspection. It also eliminates the possibility of magistrates escaping disciplinary sanctions through retirement whilst a disciplinary process is ongoing,” reads the report published Wednesday.
The EC notes that in November, the CSM adopted a strategy and action plan to improve magistrates’ integrity.
“However, some recent criminal investigations involving senior magistrates raised public concern regarding the Council’s resolve and ability to safeguard integrity and accountability within the judiciary,” shows the document.
The Commission said that “in one important case of alleged high-level corruption, the judicial authorities did not remove the judge in question from a management position.”
“Disciplinary investigations in this case were initiated, but were subsequently suspended on the grounds of a pending criminal investigation. This case revealed clear shortcomings in the ability of the judicial leadership to take action when faced with serious risks to the reputation of the judiciary,” reads the report.
The EC also notes there have been few significant developments to address the Commission’s recommendations regarding the effectiveness of the Judicial Inspection.
The European Commission has been monitoring Bulgaria and Romania’s progress in the justice sector since their EU accession in 2007. The Commission publishes two CVM reports yearly: an interim technical report in February and a final report in June, which also includes a political evaluation.
People close to the matter told MEDIAFAX Tuesday that the EC’s report would commend Romania for the activity of the Integrity Agency (ANI) and Anticorruption Department (DNA), but would criticize the management of the case of ECHR judge Corneliu Barsan.
Barsan’s wife, Gabriela Barsan, a judge, has been charged with corruption, but may or may not have immunity as the wife of an ECHR judge. DNA has sent a request that Corneliu Barsan’s immunity be lifted, via the Ministry of Justice and the Ministry of Foreign Affairs.