Romania: MEPs are deeply concerned about judicial independence and rule of law

Mr Klaus IOHANNIS, President of Romania. Copyright: ‘The European Union’ Event: European Council – June 2015 (Day 1)

This article is brought to you in association with the European Parliament.


The EP is “deeply concerned” about the reform of the Romanian judicial and criminal laws, which risks undermining separation of powers and the fight against corruption.

In a resolution wrapping up the plenary debate held on 3 October with Prime Minister Viorica Dăncilă, the Chamber calls on the Romanian authorities to put in place safeguards to avoid circumventing the system of checks and balances and to counter any measures which would decriminalise corruption in office.

The text, passed with 473 votes to 151 and 40 abstentions, points to the new legislation on the status of judges and prosecutors, on judicial organisation and on the Superior Council of the Magistracy. In line with the warnings from the Council of Europe’s Group of States against Corruption (GRECO) and the Venice Commission, MEPs caution that the new legislation could have an impact on the independence of the judiciary, its efficiency and its quality, including negative consequences in the fight against corruption.

The changes to the Criminal Code and the Criminal Procedure Code – many of which the Romanian Constitutional Court considers unconstitutional- are another source of concern, with additional effects on the capacity to combat corruption, violent crimes and organised criminality.

The role of the Romanian Intelligence Service and its alleged interference in the activities of the Romanian judiciary lead the EP to suggest reinforcing Romania’s parliamentary oversight of the intelligence services.

An impartial investigation into actions by riot police

The Parliament condemns the “violent and disproportionate intervention” by the police during the mass protests in Bucharest in August 2018 and calls on the Romanian authorities to ensure a transparent, impartial and effective investigation into the actions of the riot police.

New rules on financing NGOs

MEPs also warn that the legislation on the financing, organisation and functioning of NGOs could potentially intimidate civil society and note that it may be against the principle of freedom of association and the right to privacy.

Need to closely monitor anti-corruption efforts and respect of rule of law

The Parliament urges the European Commission to resume its annual anti-corruption monitoring in all EU member states and proposes a system of strict indicators to measure the level of corruption in each country and evaluate their anti-corruption policies.

A regular, systematic and objective process to assess respect of democracy, fundamental rights and the rule of law is also necessary, according to the Parliament. Plenary will vote on a separate resolution on Wednesday, reiterating its calls for a mechanism to be established to assess the EU’s founding values in all member states every year.

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