Tag: judicial overhaul

  • February 13, 2018

    February 13, 2018

    ANTI-CORRUPTION – The Judicial Inspection in Romania has taken note of the accusations launched publicly against some prosecutors of the National Anti-Corruption Directorate in Prahova County, southern Romania, and has announced that it makes verifications. In a televised program, the former Social-Democrat MP, Vlad Cosma, who has been sentenced to five years in prison, in a first instance court, on Monday claimed that the anti-corruption prosecutors allegedly asked him to plant evidence in a file related to the former Social Democrat PM Victor Ponta and businessman Sebastian Ghiţă, who fled to Serbia. Vlad Cosma has made available audio recordings. In response, the DNA Ploiesti chief-prosecutor, Lucian Onea, has told a press conference that evidence has never been falsified and illicit understandings with the defendants have never been made in the institution he runs. The Anti-corruption Directorate claims that Vlad Cosma’s allegations are aimed at compromising prosecutors and police officers who affected the interests of some politicians. The president of the ruling Social Democratic Party, Liviu Dragnea, has said that if the accusations related to the activity of DNA Prahova turn out to be true, there are elements of political police in Romania. In another move, representatives of the right wing opposition say the respective information should not be the subject of political debate. According to them, finding the truth is the responsibility of the Judicial Inspection, the Supreme Council of Magistracy, the Justice Ministry and the Prosecutor’s Office with the High Court of Cassation and Justice.



    JUSTICE OVERHAUL — Romania’s Constitutional Court is today analysing the notifications forwarded by the High Court of Cassation and Justice and the main opposition party, the National Liberal Party, regarding the modifications brought to the Law on the organisation and functioning of the Superior Council of Magistracy. Late last year, the Senate adopted, as decision-making body, the draft modifying the Law on the functioning of the Superior Council of Magistracy. Some of the most important provisions referred to the Judicial Inspection, which will be functioning as a structure within the Superior Council of Magistracy, as a legal body. Backed by the ruling coalition made up of the Social Democratic Party-the Alliance of Liberals and Democrats in Romania, the modifications are contested by the right wing political opposition, part of the public opinion and hundreds of magistrates, who consider the judicial overhaul to be a process lacking transparency. In exchange, the representatives of the ruling coalition say the changes are meant to bring the justice laws in line with earlier rulings issued by Romania’s Constitutional Court and by the European Court of Human Rights.



    FINANCIAL –“Romanias expansionary fiscal policy looks set to continue following last months change of prime minister and this will increase macro-economic imbalances” the London-based Fitch Ratings said in a commentary published on its website. Fitch also sees a sizeable structural budget deficit which will make Romanias public finances more vulnerable to shocks. “Pro-cyclical fiscal policy has boosted growth but increased the risk of the economy overheating. A strong fiscal impulse contributed to robust consumption-driven growth of close to 7% in 2017 – the highest in the EU,” Fitch has also noted. “With the economy operating above capacity, further fiscal easing risks increasing macroeconomic imbalances, potentially increasing inflationary pressures, weakening competitiveness and widening the current account deficit”, the ratings agency added. Fitch also noted that the Dancila cabinet has presented its governing programme which includes proposals for further tax cuts and increases to minimum wages and pensions, as well as for introducing tax exemptions for medical doctors.



    WRD– World Radio Day is being celebrated today the world over. It is for the seventh year in a row that World Radio Day is being celebrated on February 13, to mark the anniversary of the first broadcast by UN Radio in 1946, when it transmitted its first call sign: “This is the United Nations calling the peoples of the world.” The theme of World Radio Day this year is “Radio and Sports”. In Romania, the first broadcast by the public radio was aired on November 1, 1928, 90 years ago. February 13 is a day to celebrate radio, to improve international cooperation between broadcasters and to encourage major networks and community radios to promote access to information, freedom of expression and gender equality over the airwaves. World Radio Day seeks to raise awareness about the importance of radio, facilitate access to information through radio, and enhance networking among broadcasters.



    TENNIS — Romania’s Fed Cup team will play Switzerland over April 21-22 on home turf in the World Group playoffs. On Sunday, Romania defeated Canada at home in the first round of the second world group. Today Irina-Camelia Begu, 37 WTA, is playing Samantha Stosur of Australia, 44 WTA, in the first round of the Qatar Total Open in Doha, offering $3.1 million in prize money. Also today, Sorana Cirstea, 38 WTA, is playing Maria Sakkari of Greece, 60 WTA. On Monday, in the first round, Mihaela Buzarnescu, 43 WTA, ousted Lesia Tsurkenko of Ukraine, 40 WTA, in straight sets. Monica Niculescu, 92 WTA, upset Russia’s Maria Sharapova, 41 WTA, 4-6, 6-4, 6-3. Simona Halep, WTA no. 2, who won the Qatar Open in 2014, will play in the second round against Ekaterina Makarova, 36 WTA. In the women’s doubles, Irina Begu and Monica Niculescu will take on Barbora Krejcikova and Katerina Siniakova of the Czech Republic.

  • Reactions to the European Commission’s statement on the justice laws

    Reactions to the European Commission’s statement on the justice laws

    Armed with flags, drums and whistles, and carrying signs reading “All for justice!” and “We will not be a nation of thieves!” several hundreds of people protested on Wednesday night in front of the Government headquarters in Bucharest. Their goal was to once again plead for an independent judiciary, free from political interference and for the discharge of top-level politicians subject to judicial proceedings.



    The protest overlapped the release in Brussels, on the same day, of a joint statement by the President of the European Commission, Jean-Claude Juncker, and the First Vice-President, Frans Timmermans, calling on the Parliament of Romania to revise the judicial reforms planned by the ruling coalition. “The independence of Romania’s judicial system and its capacity to fight corruption effectively are essential cornerstones of a strong Romania in the European Union,” Juncker and Timmermans said.



    The EU officials warn that a major prerequisite for removing the Cooperation and Verification Mechanism, in place since Romania’s EU accession in 2007, is for the progress made so far to be irreversible. Consequently, the Commission will analyse thoroughly the changes to the judicial system, the criminal justice laws and the laws on conflict of interests, so as to assess their impact on the efforts to guarantee the independence of the judiciary and the fight against corruption.



    Bucharest responded quickly, with the Speakers of the two Chambers of Parliament dismissing the Commission’s criticism. In an open letter, the Speaker of the Chamber of Deputies, Liviu Dragnea, (head of the Social Democratic Party) and the Speaker of the Senate, Calin Popescu Tariceanu, (president of the Alliance of Liberals and Democrats in Romania) claim the European officials were misinformed on the reform of the justice laws in Romania. They argue that the bills were drawn up and discussed in compliance with constitutional requirements and the Venice Commission standards. Moreover, in their view, this reform of the justice system is aimed precisely at bringing the judiciary in line with Brussels’ recommendations.



    On the other hand, the right-of-centre Opposition in Romania believes the country must pay due attention to the warning coming from the European Commission. The National Liberal Party warns that Bucharest risks economic as well as political sanctions from the Union. In turn, the People’s Movement Party notes that Brussels’ notice comes at an important moment for Romania, when a new Government is preparing to take over, while Save Romania Union says the message from the EU only confirms what part of the Romanian society has been telling the ruling coalition for more than a year now.(Translated by Ana Maria Popescu, edited by D. Vijeu)

  • Mobilization for justice

    Mobilization for justice

    The year 2018 started just as 2017 ended in Bucharest: with virulent accusations against the government coalition made up of the Social Democratic Party and the Alliance of Liberals and Democrats and supported by the Democratic Union of Ethnic Hungarians in Romania. The accusations refer to the coalitions attempts to subordinate magistrates and stop the anti-corruption fight. Starting on January 1, 2018, over 200 people protested in front of the government headquarters in Bucharest against the swift modifications brought to the justice laws by Parliament in December, given that the speed at which Parliament usually makes laws is quite slow.



    During Fridays meeting of the Supreme Council of Magistracy, President Klaus Iohannis lashed at the debates held in the special parliamentary commission for the justice laws, claiming that the procedure was “freshly concocted and talks were held by “silencing the right wing opposition represented by the National Liberal Party, the Save Romania Union and the Peoples Movement Party. Hundreds of people took to the streets in Timişoara (in the west) on Saturday, and in Cluj (northwest), on Sunday, to call on the Government and Parliament to observe the independence of the judiciary.



    Also on Sunday 19 NGOs asked President Iohannis, in an open letter, to mediate the conflict between the state and the society. The signatory organizations say that the political power is trying to undermine the anti-corruption fight, to endanger the independence of prosecutors and to subordinate the judiciary.



    The NGOs want the president to call for an opinion from the Venice Commission, which should clarify whether the modifications brought to the justice laws are compatible with the fundamental standards of the rule of law. In reply, the power representatives in Parliament, the Government and the mass media keep reiterating that the laws had to be revised, so as to be harmonized with the decisions of Romanias Constitutional Court and with the rulings of the European Court of Human Rights, where Bucharest lost many trials because of the anomalies in courts and penitentiaries. Unchanged for 13 years, that is before Romania joined the EU, the justice laws allowed for abuses by prosecutors and judges, claim the supporters of the modifications to the justice laws.



    Nevertheless, analysts criticize the power for the hasty and chaotic manner in which they passed the laws. They recall the contribution of the National Anti-Corruption Directorate following which a former prime minister was sentenced to prison, an incumbent prime minister was prosecuted, a judge of the Constitutional Court as well as the general mayor of Bucharest and the mayors of the capitals 6 sectors were arrested. Accused of corruption are scores of former members of the Government and Parliament, town mayors, county councils presidents and prefects, on the right or the left of the political spectrum, in power or in opposition, and analysts say that by changing the justice laws, politicians are actually trying to protect themselves and become an intangible caste. (Edited by D. Vijeu)

  • The justice laws, again in the spotlight

    The justice laws, again in the spotlight

    43 NGOs that have been staging street protests against the ruling coalition’s changes to the justice laws and criminal codes have called, in an open letter, for a meeting with Social-Democrat Prime Minister Mihai Tudose, seeing dialogue as the only way to preserve and consolidate democracy. Dialogue and consultations between lawmakers and civil society when it came to modifying the justice laws fell short of expectations, the letter reads. Held on Wednesday, the meeting brought together seven representatives of NGOs. After several hours of dialogue, the meeting was inconclusive. Prime Minister Mihai Tudose agreed only to one of their demands, namely referring the justice laws to the Venice Commission, although he did not make it clear when and how this will happen.



    Mihai Politeanu, a representative of “Initiativa Romania” civil organization, told us more: “Our second demand was postponing the adoption of the justice laws by emergency decree until the Venice Commission provides an opinion on it. Our third demand was the immediate sacking of Justice Minister Tudorel Toader, who’s stopped being a reliable dialogue partner, both morally and professionally, as far as civil society, state institutions and Romania’s foreign partners are concerned”.



    NGOs have also told the Prime Minister that Romania has broken away with the standards of democracy and the rule of law, adding that street protests will continue as long as talks yield no concrete results. Social Democrat leader Liviu Dragnea told a private television station that he was confident no provision in the new laws will affect the judiciary or the magistrates’ activity.



    Liviu Dragnea: “I hope these laws will mark an important step in the longer or shorter process of putting an end to abuses in Romania. I have carefully looked at the final version of the text before the vote, and the measures are all important”.



    The debates on the justice laws have been very transparent, Liviu Dragnea went on to say. Referring to the right-wing opposition’s undertaking to notify the Constitutional Court on this matter, the Social-Democrat president doubts the Court will find the laws to be unconstitutional, adding that should some articles be declared unconstitutional, Parliament will step in to modify them.

  • December 20, 2017 UPDATE

    December 20, 2017 UPDATE

    BUDGET – Romanias President Klaus Iohannis on Wednesday said the 2018 draft state budget includes some debatable points. The head of state said he had held talks with PM Mihai Tudose, before the latter made public the draft budget and that they didnt have divergent opinions on the sums of money earmarked for Army and infrastructure. Meanwhile, debates continue in the Parliament of Romania on the 2018 draft budget. After heated talks, MPs approved on Tuesday the funding for 2 ministries and another 7 public institutions, in the amounts proposed by the specialised committees. Romanias state budget for 2018 is based on an expected 5.5% economic growth rate, an exchange rate of 4.55 lei for the euro, average monthly salaries of 565 euros and a budget deficit accounting for 2.97% of the GDP. The main priorities for next year are public healthcare, education and infrastructure. The right-wing opposition has criticised the draft budget, which they view as risky and likely to increase public debt.



    JUDICIAL OVERHAUL– The Romanian Senate, as a decision making body, on Wednesday adopted the draft law which changes judicial organisation. The draft on the functioning of the Higher Council of the Magistracy will be voted upon on Thursday, after a first debate, by articles, was held on Wednesday. On Monday, the Senate adopted, also as a decision making body, the law on the Statute of judges and prosecutors. The changes that the ruling coalition made up of the Social Democratic Party and the Alliance of Liberals and Democrats intends to operate on the justice laws are strongly criticised by civil society and the opposition. Hundreds of magistrates gathered in front of courts of justice around Romania, to protest what they see as a less than transparent process. It is for the first time in recent years that magistrates choose this way to express their disagreement with measures taken by the legislative.



    ANNIVERSARY – The Romanian Senate and Chamber of Deputies will organise on Thursday a solemn session devoted to the 28th anniversary of the Romanian Revolution of December 1989, which led to the fall of communism. Timişoara, in western Romania, on Wednesday marked the moment when it proclaimed itself the first Romanian city free from communism. On that day workers went on strike, the Army withdrew to their units and the anti-communist protesters were waiting for other cities to join in the movement. Sparked by the locals opposition to an abusive measure by local authorities, the Revolution spread across the country, culminating on December 22 with the dictators Nicolae and Elena Ceauşescu attempting to flee the capital city. Between December 16 and 25, 1989, more than 1,000 people were killed and nearly 3,400 were wounded. According to the Military Prosecutors Office, the main cause of most of the deaths, injuries and damages was a military diversion orchestrated on the evening of December 22, 1989.



    PROTESTS – Romanian police workers on Wednesday protested in front of the Interior Ministry headquarters against the under-funding of the system, and are demanding the resignation of Interior Minister, Carmen Dan. They also complain about the poor logistics and the disastrous state of some police units, as well as the personnel shortage, reaching around 20,000 employees. The Interior Ministry issued a news release, stating that it would take note of the police workers complaints.



    TRANSPORT – Thousands of road carriers on Wednesday took to the streets to demand the implementation of the legislative changes promised by Transport Minister Felix Stroe. The respective changes would enable the authorities to fight unauthorised and unlicensed operators such as taxi and rent-a-car companies and providers of occasional or regular rides. On Tuesday the Bucharest City Hall announced measures to eliminate piracy and unauthorised transport companies, but the Confederation of Authorised Operators and Carriers announced protests will continue because the rest of the country is still affected by piracy and unfair competition. In related news, the European Court of Justice ruled that Uber is a transport services company, requiring it to accept stricter regulation and licensing within the EU as a taxi operator. Romania, where Uber has been operating for 3 years, is the companys fifth-largest market in the EU.



    POLAND – The European Commission on Wednesday decided, for the first time in the history of the community bloc to launch, against Poland, the procedure which activates article 7 of the EU Treaty, under which “the European Council, acting by a qualified majority, may decide to suspend certain of the rights deriving from the application of the Treaties to the Member State in question, including the voting rights of the representative of the government of that Member State in the Council. According to the Commission, there is a clear risk of a serious breach of the rule of law in Poland, after the Legislature in Warsaw adopted two laws under which it enhances the control of the executive power over the judiciary. The First Vice-President of the EU Commission, Frans Timmermans, has said that was the only option left for the EC and he added that Poland has three months available to implement the recommendations made by the EC. According to a communiqué issued by the Polish Foreign Ministry, Poland has received with regret the political and not the juridical decision made by the EC. This decision bears on the relations between the EC and Poland, and might render difficult the effort of building confidence and mutual understanding between Warsaw and Brussels, the communiqués also reads. (Translated by D. Vijeu and AM Popescu)

  • The justice laws under parliamentary debate

    The justice laws under parliamentary debate

    Heavily criticised through street protests, opposed by relevant professional associations and by the chiefs of the country’s main judicial institutions, and challenged by the right-wing Opposition, the changes that Romania’s ruling coalition intends to operate in the judiciary will be discussed in Parliament starting this week.


    A first draft regulation, concerning the status of judges and prosecutors, is currently on the agenda of the Chamber of Deputies, after having been approved by a special parliamentary committee. The bill stipulates that the head of state may no longer challenge judge and prosecutor appointments, makes prosecutors part of a hierarchy topped by the justice minister, and prohibits magistrates from working as covert intelligent service agents, by having them submit annual statements in this respect. The text also introduces the civil, disciplinary and criminal liability of judges and prosecutors for prospective professional misconduct. Meanwhile, the special parliamentary committee is discussing the other two bills, concerning the organisation of the judiciary and the Higher Council of Magistrates.



    The debates follow an unprecedented move on the part of the USA, which voiced concern over the fact that the Parliament of Romania is considering new legislation that might affect the fight against corruption and weaken the independence of the judiciary.



    On the other hand, the judicial overhaul planned by the Social Democratic Party and the Alliance of Liberals and Democrats in Romania continues to fuel public outrage. Street protests have grown into a regular weekend activity in several major cities and particularly in the capital Bucharest, and this past week was no exception.



    In response, the Social Democrats announced they would organise rallies around the country, against what they call “a parallel, illegitimate state.” Political analysts see this phrase as a less than inspired slogan, suggesting an occult agency that seeks to remove the democratically elected Power, using illegal and immoral means. But, commentators also note, this is not the first time that the Social Democrats have resorted to imaginary enemies or to astonishing distortions of the facts, in an attempt to counter the public protests sparked by the government’s underperformance this past year. The claimed involvement of the Hungarian-born American tycoon George Soros or of multinational corporations in political scheming in Bucharest is just an example of such questionable PR moves.

  • Romania sees fresh street protests

    Romania sees fresh street protests

    Entire sections of civil society are seething with anger. In stand-by for months, after staging mass protests last February against the now infamous government order no. 13 to amend the criminal codes, people are now regrouping to voice their discontent against the leftist government in Bucharest.



    On Sunday, tens of thousands of people braved the cold to gather in front of the government and Parliament headquarters and protest against the judicial reforms proposed by the Social Democrats, reforms which, protesters say, will ensure protection to corrupt politicians whose only goal is to “save their skin”. Even representatives of the judicial system say the proposed amendments to the justice laws will have a profound effect on efforts to eradicate corruption. But let’s hear from the demonstrators themselves:



    “If things continue in the direction in which they have been going for the last year, Romania will become an unpleasant place to live for the people trying to live a free and quality life. What I’m hoping these protests will achieve is making the population aware that things can easily slip into the wrong direction.”



    “It’s too much having a single group deciding on behalf of a mass of people.”


    Track 3: “For the last more than 300 days, something unacceptable has been happening almost every day.”



    Protests were held on Sunday not only in Bucharest but also in other big cities across the country. The bone of contention, apart from the amendment to the justice laws, is the change of the tax code. People chanted anti-government slogans and demanded the resignations of the Speakers of the Chamber of Deputies and the Senate, Liviu Dragnea and Calin Popescu Tariceanu, respectively, who are also the leaders of the two ruling parties, the Social Democratic Party and the Alliance of Liberals and Democrats.



    The latter speaks of a witch-hunt, the involvement of the secret services in collecting evidence against politicians and the existence of a so-called “illegitimate parallel state” that is trying to decapitate the democratically elected government. Protesters, who see these claims as absurd, say they will continue to demonstrate.



    Staged, via social networks, by around 40 groups and non-governmental organisations, these protests have also been supported for the first time starting last week by two big trade union confederations, Cartel Alfa and the National Trade Union Bloc.



    In a joint press release, the latter denounce the “political mafia, theft, inefficiency, chaos and lack of transparency”.



    The leaders of the ruling coalition are fighting the ghost of a parallel state, which they themselves invented. Protesters say it is in fact they who live in a parallel reality!