BREAKING Council of Europe calls on Romania to amend justice laws in line with Venice Commission and state anti-corruption body’s opinion – GRECO / Calls for disclosure of money paid by political parties to the press

The Council of Europe Parliamentary Assembly’s monitoring report on Romania notes progress made by our country in key areas, but expresses concerns about non-compliance with Venice Commission opinions on justice reform and the fight against corruption. The report also calls for the de-classification of huge party contracts with the media and formally asks the Venice Commission to give an opinion on the three draft justice laws initiated by Minister Cătălin Predoiu.

It should be recalled that in March 2022, the Venice Commission recommended to the Government that the specialized prosecutors’ offices, DNA and DIICOT, be given powers to investigate crimes committed by magistrates. According to the document, which is a draft before the opinion is made public, the Venice Commission „regrets the haste with which the controversial law on the abolition of the Investigation of Justice Offences Section (SIIJ) was passed by Parliament, which means that the law was adopted before a view could be drafted by the Commission”.

The Venice Commission recommends to the Government, if the law is maintained in its current form, that the prosecutors’ section of the Superior Council of Magistracy should have a stronger involvement in the selection process of prosecutors appointed to investigate crimes committed by judges and prosecutors, in order to ensure a „competitive selection procedure and clear criteria in the appointment (and dismissal) of prosecutors specifically appointed, a longer period of appointment in office as well as the possibility to appeal against decisions of dismissal at the end of the mandate”.

The 2021 GRECO report also calls for the Superior Council of Magistracy SCM’s opinion on the appointment of chief prosecutors to be compliant and to reduce the role of the Minister of Justice in appointing/revoking prosecutors to/from top positions. The GRECO report shows that the involvement of the Minister of Justice remains considerable to the detriment of judicial independence.

The main conclusions of the Council of Europe Parliamentary Assembly report:

– According to the Monitoring Committee, Romania has made significant progress towards meeting Council of Europe standards in key areas for the functioning of democratic institutions, including the judiciary and the fight against corruption.

– The Committee decided to ask the Venice Commission for an opinion on the three draft laws on justice, namely on the status of magistrates, the organisation of the judiciary and the Superior Council of Magistracy.

– However, the report by Edite Estrela (Portugal, SOC) and Krista Baumane (Latvia, ALDE) highlights a number of concerns, in particular regarding media freedom and pluralism, the inclusion of Romanian citizens belonging to the Roma minority and the fact that Romania is among the countries with the highest number of unexecuted judgments of the European Court of Human Rights.

– The Commission has made a number of recommendations to the Romanian authorities in the areas of justice, the fight against corruption, the enforcement of the Court’s judgments, the media and the protection of persons belonging to minorities and vulnerable groups, in order to better fulfil the obligations undertaken upon accession to the organization. The sustainability and effectiveness of the reforms will need to be confirmed by proper implementation of the legislation, the adopted text stresses.

– The Monitoring Committee, which is responsible for drafting regular monitoring reports on compliance by all member states not subject to specific monitoring procedures, selected Romania in 2019 to be the subject of such a report.

The Parliamentary Assembly of the Council of Europe therefore appeals to the Romanian authorities.

In the field of the judiciary:

– to continue the ongoing reform respecting the deadlines established by the Strategy for
the Development of the Judiciary for 2022-2025;

-to take into account the recommendations and address the concerns formulated by the
Venice Commission and GRECO in the preparation of draft justice laws to be submitted to the
Parliament in Autumn 2022;

– to ensure inclusiveness in the legislative process; to carry out meaningful consultations
with all stakeholders and try to accommodate different opinions;

– to introduce proper safeguards to the new system of investigation and prosecution of
criminal offences in the judiciary, following the dismantling of the Section for the Investigation of
Offences in the Judiciary, with a view to guaranteeing judicial independence;

– to continue the implementation of already adopted measures aimed at increasing the
efficiency and quality of the justice system, including increasing the recruitment of magistrates,
redistributing the courts’ workload and increasing the digitalisation of the justice system.

In the field of the fight against corruption:

-to pursue implementation of the National Anti-Corruption Strategy and ensure
determined political support for its effectiveness;

–to amend the Codes of Criminal Law and Criminal Procedure in line with the decisions
of the Constitutional Court and the recommendations of the Venice Commission in respect of
deadlines established by the National Anti-Corruption Strategy;

-to address effectively the issue of human resources shortages within the National Anti-Corruption Directorate.

In the field of media:

-to ensure proper implementation of the existing legislation on access to information;

-to ensure full independence of the National Audio-visual Council by establishing clear
professional criteria for the selection of its members and ensure adequate budgetary resources;

-to ensure full transparency of media ownership;

-to ensure specific safeguards for editorial independence and introduce legal
requirements to disclose secret contracts between political parties and the media on the basis of
which public funds are transferred to the latter;

-ensure proper investigation and punishment of perpetrators in cases of harassment
or intimidation of journalists.

Read the full Monitoring Report here