The report criticizes the Parliament, mainly due to the recent Criminal Code amendments, but is also appreciative at the address of the National Anticorruption Directorate (DNA), National Integrity Agency (ANI), the Superior Council of Magistracy (CSM) or the High Court of Cassation and Justice (ICCJ).
”In December 2013, decisions in Parliament served as a reminder that the core principles and objectives of reform are still being challenged, the intervention of the Constitutional Court was required to reiterate these principles’, the report reads.
According to the report, as regards the legal framework, a key element for the credibility of the system would be tackling corruption within the magistracy.
The large number of Emergency Ordinances or parliamentary proceedings which fail to respect a minimum of transparency often give no space for proper assessment, consultation and preparation, even when urgency is not clear, according to the report.
A major concern for the business community and for wider society is the inconsistency and a lack of predictability in the jurisprudence of the courts or in the interpretation of the laws.
According to the report, NGOs, business and independent experts have reported the continuous vulnerability of public procurement procedures to corruption.
The EU’s report notes that here have been substantial improvements in court practice, notably in terms of speed of the DNA investigation and of judgment.
The EC is appreciative at the address of the DNA and ICCJ, adding that nevertheless, tackling high level corruption faces significant obstacles, and that corruption is not always treated as a serious crime.
The Commission invites Romania to pursue and consolidate progress on its recommendations on the reform of the judiciary, integrity and the fight against corruption.
As for the revision of the Constitution, Romania should follow up the provisions on the separation of powers with a clear statement on the obligation of the executive and legislative branches to respect the independence of the judiciary.
The European Commission also recommends the development of a national anti-corruption strategy that would include more consistent rules in areas like risk assessment and internal control standards.
The next report will come in around one year’s time.