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Tag: National Anticorruption Directorate

High-Level Corruption

The former Minister of Environment, Waters and Forests in the previous Liberal Government in Bucharest, Costel Alexe, is being targeted by a corruption investigation. President Klaus Iohannis has approved the request of the National Anticorruption Directorate that Alexe be prosecuted, a mandatory procedural step in the case of high dignitaries.

Costel Alexe served as Minister of Environment for a year, between November 2019 and November 2020, and is currently head of the Iasi County Council, the most powerful stronghold of the Liberals in Moldova, which is a less developed province in eastern Romania, politically controlled by the Social – Democrats.

According to the National Anticorruption Directorate, Alexe is suspected of bribe-taking and instigating the crime of embezzlement. Anticorruption prosecutors claim that there is evidence that give rise to a reasonable suspicion that, between March and April 2020, he allegedly directly claimed from the director of a steel plant products made of sheet metal in connection with the performance of his duties; they concern the free allocation of greenhouse gas emission allowances to the plant and the monitoring of the measures taken by it to close a non-compliant landfill.

According to the investigators, the said benefits, in the amount of 22 tons and having a value of 103,000 lei (over 20,000 euros), were allegedly received, in two instalments, at the working point of a company managed by a relative of his. Former Minister Costel Alexe stated, immediately after the announcement made by the Anticorruption Directorate, that he requested the approval of his criminal investigation, that he trusted the act of justice and that he wanted to see the action finalised as soon as possible.

I did not ask for and did not take, in my entire public activity, undue benefits in violation of the law, said the Liberal leader in his defence. He promised not to make any public reference to the current situation of the judicial action, stressing that in the next period he would analyse the accusations brought against him and would fully and transparently cooperate with the judicial bodies. It is a delicate moment for the National Liberal Party, the number one in the new coalition government that settled in Bucharest at the end of last year, given that Alexe is not only the president of the County Council, but also the president of the Iasi branch of the party.

On the other hand, unlike their political opponents in the Social Democratic Party, the Liberals have not exposed themselves to public criticism by blocking, in Parliament or other procedural channels, the investigations targeting some of their own.

The most important thing, however, is that the National Anticorruption Directorate shows signs of life. The management was going through a period of lethargy after the departure from the leadership, against her own will, of Laura Codruţa Koveşi, who in the meantime has become the head of the European Prosecutor’s Office. We recall that her revocation from the position of chief prosecutor of the Anticorruption Directorate, in July 2018, which President Iohannis had to do, forced by a decision of the Constitutional Court, was described as abusive by the European Court of Human Rights. (M. Ignatescu)

6 January 2021
Disagreements over the National Anticorruption Directorate

President Klaus Iohannis first rejected the proposal of the justice minister Tudorel Toarel for Adina Florea, a prosecutor from Constanta, to take over as the new chief of the National Anticorruption Directorate last November. Earlier, the Superior Council of Magistracy had also given a negative opinion arguing that Florea was not a suitable choice for this high-ranking position because she reacted precariously in stressful conditions and had problems with honesty and impartiality.

The presidents reasons for refusing to appoint her were different, namely the legality of her application given there is no official proof that Adina Florea was not part of or did not collaborate with the secret services during the communist era. As the justice minister has nominated Florea again, the president has responded that the reason for which he rejected her nomination in the first place still stands. Its possible that the new conflict between the president and minister Toader may reach the Constitutional Court, as was the case last year when Toader proposed the dismissal of the former head of the anticorruption directorate, Laura Codruta Kovesi.

At the time, the Court ruled in Toarders favour and obliged president Iohannis to dismiss Kovesi despite his initial refusal and a negative opinion from the Superior Council of Magistracy. As for Kovesi, the former iron lady of anticorruption in Romania filed a complaint at the European Court of Human Rights saying she was not guaranteed a fair treatment in the case of her dismissal as the constitutional judges ruled without giving her the possibility to defend herself or allowing an appeal. In response, minister Toader has said the Constitutional Court judges do not deal with people but with exceptions, objections and legal conflicts of a constitutional nature.

Kovesi says she is not seeking compensation for her dismissal or to be reinstated, but to prevent a practice she views as abusive from being applied in the case of other prosecutors in leading positions. She says that attempts are being made to hinder the activity of prosecutors and restrict their independence and to get rid of the prosecutors who wish to continue the fight against corruption and investigate cases.

Praised in all of the European Commissions justice reports for its efficiency in combating high-level corruption, the National Anticorruption Directorate is going through a bad time. Five of its prosecutors from Oradea, in the west, were heard by the Prosecutor Generals Office about an audio recording in which they are heard discussing ways to intimidate judges. The department for the investigation of crimes in the judiciary last week opened a criminal investigation into the matter. The leadership of the National Anticorruption Directorate says it rejects any action by its staff that violates legal norms and the magistrates rules of professional conduct and that it has requested an explanation from its Oradea branch.

10 January 2019
August 6, 2018 UPDATE

PROCEDURE – The Romanian Justice Ministry on Monday started again the procedure for the selection of the chief prosecutor of the National Anticorruption Directorate, which will last until September 6. Candidates can apply until August 24. A similar procedure, carried out in July, produced no result, as all four candidacies were rejected by the Justice Minister Tudorel Toader. The chief-prosecutor position became vacant last month, when president Klaus Iohannis dismissed Laura Codruta Kovesi, in order to comply with a Constitutional Court ruling. The interim chief-prosecutor has been Anca Jurma, a former adviser to Ms. Kovesi.

REACTION – The anti-Semitic graffiti that was painted on the Elie Wiesel Memorial House in Sighetu Marmatiei, in northern Romania, has been erased. The vandalization of the house where the Nobel Peace Prize winner and Holocaust survivor Elie Wiesel was born has been condemned by the Romanian Foreign Ministry and the US Embassy in Bucharest. The Romanian Deputy Prime Minister Ana Birchall has reacted too, writing on a social network that Antisemitism, discrimination and violence are manifestations of intolerance, which Romania has committed to combating, including when it held the presidency of the International Holocaust Remembrance Alliance. The Romanian police started an investigation into the matter.

LABOUR – More than 55% of Romanians would like to work abroad, according to the most recent study conducted internationally by one of the most important Romanian online recruitment companies and the worlds biggest business consultant. Most of Romanians who want to work abroad are under 30 and have a university degree. The top ten countries where they would like to work are Germany, the UK, France, Switzerland, the US, Canada, Austria, Spain, Belgium and Italy. At the same time, Romania is among the top five countries preferred by respondents from Israel, South Korea, Italy, Turkey, Ghana, Nigeria, Egypt, Norway, Greece or Qatar. Among the reasons why they would like to work abroad, Romanians have mentioned political instability in Romania, as well as the need for a better standard of living, access to better government and social services and better job opportunities.

MOLDOVA – As of Monday, the Russian Federation has a new ambassador to the Republic of Moldova, the former Soviet republic with a predominantly Romanian-speaking population. The new ambassador, Oleg Vasnetsov, is a career diplomat and former head of department with the Russian Ministry of Foreign Affairs. He has thus replaced Farit Mukhametshin, who was called back home for exceeding the age limit for public office. The Russian publication “Kommmersant” reads that the change occurred after an unprecedented deterioration of the relations between Moldova and the Russian Federation. In March this year, three diplomats with the Russian Embassy in Chisinau were declared persona non grata, as a token of solidarity with Great Britain, in the Skripal case. In May last year, Chisinau had expelled another five diplomats, accused of espionage.

FILM FESTIVAL – The village of Sfantu Gheorghe in the Danube Delta, south-eastern Romania, is hosting the 15th “Anonimul” International Independent Film Festival. Three Faces, the most recent film by the Iranian director Jafar Panahi, which won the award for best script at this years edition of the Cannes Film festival, opened the event, followed by Radu Judes “I Do Not Care If We Go Down in History as Barbarians”, which is Romanias proposal for next years Academy Awards. 6 Romanian and foreign feature films and 26 short-reels have been selected for the official competition. Films awarded at international competitions this year will also be screened during the festival, followed by Q&A sessions with the production teams, public debates with film producers, critics and special guests. The Kazak director Emir Baigazin will this year be awarded the Anonimul Trophy for his contribution to the beauty of universal cinema.

TENNIS – 6 Romanian female tennis players are taking part in the singles competition of the tournament in Montreal, with 2.8 million dollars in prize money. Simona Halep, worlds number one player, is first seed at the tournament, which she won before in 2016. She will play straight into the second round. Irina Begu, ranking 55th in the WTA classification will play on Tuesday against the Australian Ashleigh Barty. Sorana Cirstea will play against another Romanian, Monica Niculescu, Mihaela Buzarnescu against the Chinese Qiang Wang, and Ana Bogdan will take on Aryna Sabalenka of Belarus.

6 August 2018
July 12, 2018

ANTICORRUPTION DIRECTORATE – The fight against corruption will continue firmly and the legislation in the field will be enforced in keeping with the international efficiency standards, said on Thursday Romanias Prosecutor General Augustin Lazar, upon appointing the interim head of the National Anticorruption Directorate, Anca Jurma. Lazar described Ms Jurma as the right person, a professional with a very good expertise in the field. We recall that president Iohannis dismissed Laura Codruta Kovesi, the former chief prosecutor of the Anticorruption Directorate, to observe a ruling issued by the Constitutional Court. Initially the president had rejected the request for dismissal made by the Justice Minister Tudorel Toader, but the latter notified the Constitutional Court, which defended his opinion. Laura Codruta Kovesi has been given a post of prosecutor with the Guidance and Control Service of the Prosecutors Office attached to the High Court of Cassation and Justice.

NATO SUMMIT – The conflict in Afghanistan is on the agenda of the NATO summit underway in Brussels, where Romania is represented by the head of state Klaus Iohannis. So far, the summit has been dominated by requests made by the US President Donald Trump, who has called on the NATO allies to earmark 4% of the GDP for military expenses. The NATO Secretary General Jens Stoltenberg has voiced hope that the alliance will make decisions regarding the funding of Afghan security forces until 2024. The British Prime Minister Theresa May has already confirmed that Great Britain will deploy an additional 440 strong contingent for non-combat missions in Afghanistan. The US sent 3,000 soldiers in September 2017, raising to 15,000 the number of US soldiers deployed in that country. Romania has 700 soldiers in Afghanistan.

EUROSTAT – According to Eurostat, Romania ranks 17th in the European Union with regard to imports from Russia, accounting for 2.48 billion Euros. With 29 billion Euros, in 2017 Germany was the largest importer of products from Russia, followed by the Netherlands and Poland. From 2008 until 2017, the EU registered a trade deficit in the relation with Russia, standing at 59 billion Euros last year. Also last year, the EU exported to the Russian market equipment, vehicles, chemical products and other manufactured goods. On the other hand, more than three quarters of EUs imports from Russia were energy products (oil and natural gas). The Eurostat data were made public against the background of statements made by the US President Donald Trump, who has stated that Germany is fully controlled by Russia because of the agreement existing between the two country on the Nord Stream 2 gas pipeline.

ECONOMY – The European Commission has maintained estimates regarding Romanias economic growth in 2018 and 2019, at 4.5% and 3.9% respectively. According to mid-term estimates published today by the Commission, the budget deficit would reach 3.4% of the GDP in 2018, to then grow to 3.8% in 2019. The rate of inflation would grow to 4.2% this year, and then go down to 3.4% in 2019. The unemployment rate is expected to stand at 4.5% in 2018 and 4.4% in 2019. The current account deficit will register a 3.6% of the GDP in 2018, and 3.9% in 2019.

BREXIT – The new British Foreign Secretary Jeremy Hunt has stated that the debate in parliament on the British Brexit policy will be a fierce one, but it will help the negotiations with the EU move forward. In turn, the new Secretary of State for Exiting the European Union Dominic Raab has voiced hope that the document that is to be published soon by the Government in London will provide further assurances for those in the EU who are concerned about Brexit. The EU Chief Negotiator for Brexit Michel Barnier has announced that negotiations are to be resumed on Monday, as planned, with the new British negotiator appointed by Theresa May. Boris Johnson resigned from the office of foreign secretary on Monday, after the resignation of the former Secretary for Brexit David Davis, and only a few days after the Prime Minister May had obtained her ministers endorsement of the Brexit strategy.

MIGRATION – The EU interior ministers have gathered in Innsbruck, Austria, to analyze in detail the idea of creating new types of centers for migrants. The agreement concluded by the European leaders in June includes the proposal to set up centers in regions such as North Africa for the migrants saved in the Mediterranean, as well as reception centers on European soil. Before the meeting organized by the Austrian presidency of the Council of the EU, the Italian interior minister Matteo Salvini will talk to his German and Austrian counterparts, Horst Seehofer and Herbert Kickl respectively, about means to close the migration route across the Mediterranean. A few weeks ago, Italy decided to no longer authorize the entrance of humanitarian vessels carrying migrants into its ports, and Matteo Salvini wants to extend this blockade to also cover those who take part in EU rescue operations.

JAZZ – The 22nd Garana Jazz Festival kicks off today, and is expecting guests from all over Europe until Sunday. There will be 25 concerts given by musicians from 16 countries. The festival will be opened by La Classe operaia va in Paradiso, given by musicians Mircea Tiberian (piano), Claudio Puntin (clarinet), Daniel Erdmann (saxophone), Chris Dahlgren (double bass) and Tilo Weber (drums). Besides concerts, the audience can also participate in the presentation of an installation by the painter Gheorghe Fikl, a theater performance with The Farm by the troupe Aualeu, the National Vinyl Fair, a jazz posters exhibition and the launch of the book Instant Stage, signed by Ioana Taut. In the past 20 years, more than 70,000 spectators and lots of international artists have enjoined the experience of listening to vanguard jazz music listened under the clear skies of the small village in western Romania.

FOOTBALL – FC Viitorul, ranking 4th in the Romanian national football champtionships, is today playing away from home against Racing Union Luxembourg, in the first preliminary round of the Europa League. Also competing will be the winner of the Cup, CSU Craiova and the vice-champion FCSB. The holder of the title, CFR Cluj, will play in the Champions League preliminaries.

12 July 2018
Earthquake at the National Anti-corruption Directorate

Expected by some and described as mind-boggling by others, the Constitutional Courts ruling on Wednesday is categorical: president Klaus Iohannis must dismiss the head of the National Anti-corruption Directorate Laura Codruta Kovesi, as requested, since February, by the justice minister Tudorel Toader. The constitutional judges have established that the president generated a conflict with the government when he refused to dismiss Kovesi. Without hiding his satisfaction, Toader says the ruling issued by the Constitutional Court is based on the constitutional principle according to which prosecutors carry out their activity under the authority of the justice minister. He also says that, unlike the minister, the president has no legal ability to assess the professional or managerial competence of high-ranking prosecutors. President Iohannis has only stated he is waiting for the Courts explanation before acting.

The ruling coalition formed by the Social Democratic Party and the Alliance of Liberals and Democrats, which has constantly backed the justice ministers efforts to have the chief anti-corruption prosecutor dismissed, has hailed the Courts ruling, describing it as natural. The opposition, however, has denounced the confiscation of the presidents powers and the transformation of the Constitutional Court, chaired by the former Social Democratic politician Valer Dorneanu, into an advocate for the private interests of those in government. For the media, a chapter of the anti-corruption fight is about to come to an end.

The spearhead of the fight against corruption for some or the head of an abusive police system for others, Kovesi has often been described as the most powerful woman in Romania. She admitted, however, last week, when she attended a debate at the United Nations headquarters in New York, that the biggest challenge for Romania is maintaining the independence of judges and prosecutors. “There have been repeated attempts to limit the efficiency of our investigations by initiatives of amending the anti-corruption legislation, by restricting the tools used by the prosecutors or by denying waiving the immunity of the politicians involved in corruption cases. The entire justice system has faced attacks in the form of fake news and public statements which could weaken the public trust in the judiciary”, is how she summed up the past year and a half, when the government has been accused of trying to block the fight against corruption and place magistrates at its orders.

Minister Tudorel Toader responded from Bucharest that the acquittals, the legal conflicts of a constitutional nature, the cases affected by the statute of limitations and the abuses of prosecutors are not fake news. Beyond the war of words, what remain are the statistics. In the last five years alone, the National Anti-corruption Directorate has indicted 14 ministers and former ministers and 53 Members of Parliament. 27 of them have already received final sentences. During this period, the Directorate has also taken precautionary measures for 2.3 billion dollars worth of assets. Commentators say the work of the National Anti-corruption Directorate must continue because in a mature democracy institutions function and do their duty irrespective of who is in charge. (translated by Cristina Mateescu)

31 May 2018
May 10, 2018

DIPLOMACY – The Romanian Foreign Ministry is confident that diplomatic efforts will continue towards a real progress and a final and sustainable solution to the Iranian file, reads a communiqué issued by the Ministry. Also, the document states that Romania will keep collaborating with the international community and the US, its main strategic partner, to properly manage the cases concerning nuclear programmes. Bucharests reaction comes after Washington decided to pull out from the nuclear agreement with Iran, against the background of a negative view of the US Administration regarding the policies promoted by Iran and the lack of real guarantees regarding regional policy and the development of its ballistic programme. The historic agreement was concluded in 2015, after 12 years of crisis and 21 months of negotiations between Iran and the five permanent members of the UN Security Council (the US, Russia, China France and Great Britain), plus Germany. The document provides for a limitation of the Iranian nuclear programme in exchange for lifting international sanctions. The EU has deeply regretted the USs decision to withdraw from the agreement.

ROYALTY DAY – May 10th marks three major events in the Romanian history: the beginning of the rule of Carol I, state independence and the coronation of the first king of Romania. The events dedicated to Royalty Day started with a marathon and a military ceremony at the statue of King Carol I, honoring the memory of the founder of the national dynasty and of the Romanian state. Guests from across the country and also from the neighboring Republic of Moldova are expected at the Elisabeta Palace this afternoon to attend the already famous Garden Party. The day will end with the opening of the exhibition titled May 10th, Royalty Day”, organized under the auspices of the Royal House of Romania. The last king of Romania, Michael I, died last year, on December 5th, aged 96. He died in Switzerland, but he was buried on December 16th in Curtea de Arges in Romania, which is also the final resting place for his wife Queen Anne and the other three sovereigns of Romania.

CONSTITUTIONAL COURT – The Constitutional Court of Romania is today debating the notification filed by Romanias President Klaus Iohannis regarding the law that clears all interdictions applied to MPs in the 2007-2013 period for conflict of interests. The head of state believes that the law lacks clarity and predictability. He has drawn attention to the fact that by removing these interdictions, the stability of the legislative framework is affected with regard to integrity and the law runs counter to the commitments made by Romania under the Cooperation and Verification Mechanism. We recall that under this mechanism, the European Commission has been monitoring the Romanian judiciary ever since the countrys EU accession in 2007.

CORRUPTION – The High Court of Cassation and Justice might rule today on the Rovinari-Turceni case, in which the former prime-minister and Social Democratic leader Victor Ponta has been tried for forgery, accessory to tax evasion and money laundering, committed while he was a lawyer. The National Anticorruption Directorate has called for a sentence of imprisonment, and the High Court has so far postponed five times a ruling. Also on trial in the same case is the former Transport Minister and Social Democratic Senator Dan Sova, for accessory to influence peddling, forgery, aggravated tax evasion and money laundering. Prosecutors say that Victor Ponta, through his private practice, got from another law firm, Sova and Associates, the amount of 39,000 Euros for an alleged cooperation, which has not happened in reality. The aim was apparently to award Victor Ponta for the contracts that Sova and Associates concluded with the state-owned energy companies, says the Anticorruption Directorate.

EUROVISION – The band The Humans is representing Romania at the 2018 Eurovision Song Contest hosted by Lisbon with a song titled Goodbye. This evening the band will perform in the second semi-final of the contest, alongside soloists and bands from another 17 countries. 19 countries were represented in the first semi-final held on Tuesday, of which 10 have qualified for the final. Besides Portugal, which is the host country, the so called Eurovision Big Five (Germany, Italy, France, Great Britain and Spain) have qualified straight into the big final due on Saturday. Last year, Portugal won with a song titled Amar pelos dois, performed by Salvador Sobral.

TENNIS – The Romanian tennis player Simona Halep, no.1 in the WTA rankings, is today playing against the Czech Karolina Pliskova, no.6 in the WTA classification, in the quarter finals of the WTA tournament in Madrid, with 6.7 million Euro in prize money. The two players have met seven times before, and the Romanian has won six times. Karolinas only success was at the 2016 Fed Cup. Simona Halep has won the latest two editions of the tournament hosted by the Spanish capital.

10 May 2018
The Government to ask review by the Constitutional Court

The Justice Minister Tudorel Toader has not come to terms with president Klaus Iohannis’ rejection of his request to sack the head of the National Anticorruption Directorate Laura Codruta Kovesi. He says he has written the first draft of the challenge he intends to send to the Constitutional Court.

His move has the backing of the Social Democrat leader Liviu Dragnea and the Prime Minister Viorica Dancila, says minister Toader: “I have detailed to Ms Dancila the main elements that can be included in the challenge to the Constitutional Court. In the coming days, I will be writing a final version so as to be able to also use the President’s document. I will see the Prime Minister again on Monday and that very day we will refer the matter to the Constitutional Court.”

The Justice Minister says the President had prejudged the case and did not bring legal or managerial arguments to justify his decision. His conclusion is that the President’s move was an exclusively political act.

The President, however, says his decision is fully grounded in law. Klaus Iohannis: “In my opinion, there is no conflict and no grounds to refer the case to the Constitutional Court. Throughout the whole process, which began with the Minister’s request for dismissal, the opinion of the Superior Council of Magistracy and, finally, my decision, the relevant legislation in force has been respected 100%. As we all know, the law gives the President the freedom to accept or not a request for dismissal.”

The negative opinion given by the Superior Council of Magistracy on the justice minister’s proposal, which the President invoked when he denied the request, is in itself a sufficient argument in favour of the President’s decision, says the former head of the Constitutional Court Augustin Zegrean. In Zegrean’s view, the president made the right decision because, he says, the procedure is the following: the Justice Minister makes a proposal, the Superior Council of Magistracy gives its opinion and the President makes his decision. The Superior Council of Magistracy, which guarantees the independence of the judiciary, unanimously issued a negative opinion, so the President didn’t really have a choice, emphasised Zegrean. He believes in fact that the whole issue was over the moment the President gave his verdict.

We recall that the proposal to dismiss the head of the National Anticorruption Directorate Laura Codruta Kovesi was accompanied by a report in which Minister Toader wished to demonstrate that Kovesi is responsible for grave violations of duty. The report was described by the ruling coalition formed by the Social Democratic Party and the Alliance of Liberals and Democrats as grounded and well-researched, but has been criticised by the opposition as biased and inconsistent. This latter view is shared by President Klaus Iohannis, who also grounded his final decision on the negative opinion given by the Superior Council of Magistracy, an opinion that is advisory, but mandatory.

19 April 2018
February 28, 2018

ANTI CORRUPTION – The Chief Prosecutor of the National Anticorruption Directorate in Romania, Laura Codruta Kovesi, has today presented the 2017 activity report of the institution she has headed since May 2013. She has stated that last year was a difficult year for the fight against corruption, as it was fiercely challenged and questioned. Despite that, Mrs. Kovesi has announced that the anticorruption prosecutors solved more than 3800 cases, which is a record for the institution, and forfeited goods worth more than 200 million Euros. The presentation of the report comes against the background of the Justice Minister Tudorel Toader starting last week the procedure to dismiss Laura Codruta Kovesi. The final decision in this matter lies with the president of the country, Klaus Iohannis, who has stated that the Directorate and its leadership have been doing a very good job. Today, the head of state has said that he is waiting for a number of documents to substantiate his decision, stressing though that, quote we are far from dismissal.

VISIT – The first vice-president of the European Commission and European Commissioner for Better Regulation, Interinstitutional Relations, the Rule of Law and the Charter of Fundamental Rights Frans Timmermans will be paying a formal visit to Bucharest on Thursday. According to the European Commission Representation in Romania, he will meet with president Klaus Iohannis, Prime Minister Viorica Dancila and the speakers of the two chambers of parliament, Calin Popescu-Tariceanu and Liviu Dragnea. Timmermans will also hold meetings with representatives of the judiciary and members of the parliamentary committee set up to amend the justice laws.

JUSTICE – Romanian President Klaus Iohanniss competence to appoint judges for the offices of president and vice-president of the High Court of Cassation and Justice comes in violation of the constitutional competence of the Superior Council of Magistracy, reads the Romanian Constitutional Courts decision on the modifications brought to the status of judges and prosecutors. On January 30th, the Constitutional Court advised that the law was, in its entirety, constitutional as regarded the criticism formulated by the High Court of Cassation and Justice and the National Liberal Party. Among other things, these modifications stipulate that the president and vice-presidents of the High Court of Cassation and Justice are appointed by Romanias president, based on the proposals made by the Judges Department of the Superior Council of Magistracy, and the head of state cannot refuse these appointments. The Constitutional Court noted that the presidents responsibility would be devoid of content if he would not be able to refuse the appointment of a magistrate, but the elimination of this right does not raise constitutionality issues, as it allows a stronger role to be played by the Superior Council of Magistracy as guarantor of the independence of the judiciary.

MOTION – The National Liberal Party has today filed in plenary sitting of the Chamber of Deputies a simple no-confidence motion against the Education Minister Valentin Popa. According to the Liberals, what the coalition made up of the Social Democratic Party and the Alliance of Liberals and Democrats has done with regard to education, was to close schools in the year in which we celebrate 100 years since the Great Union, to sack inspectors via fax machines because they failed to comply with the directions set by the party, and hold examinations outside the law. Also, the school dropout rate is on the rise, young people have no possibility to learn about trades in school, and diplomas are far from attesting competences. All these, the Liberals say, are alarm signals that call for an urgent dismissal of the education minister. The leader of the Liberal Group in the Chamber of Deputies Raluca Turcan has stated that this should happen before it is too late.

EXTREME WEATHER – Europe keeps being affected by the bad weather caused by a cold wave from Siberia. Severe weather warnings are in place in many countries neighboring Romania, and more roads and highways are likely to be closed. In Bulgaria, for instance, codes red and orange warnings have been issued for blizzard and frost. The Romanian Foreign Ministry has issues travel warnings for Hungary, Ukraine, Poland, France, Sweden and Ireland, which are all under codes yellow and orange for heavy snow, blizzard and frost. Extremely low temperatures have also been recorded in central Europe, in countries like Germany, Italy and Spain. From the Baltic Sea to the Mediterranean, the cold wave, dubbed the Beast from the East by the British media, has claimed at least 24 lives in the past days and has severely hampered traffic. On the other hand, the Arctic region is faced with abnormally high temperatures, spiking over 30 degrees. (translated by Mihaela Ignatescu)

28 February 2018
Reactions to proposal to sack anticorruption chief

Delayed for a
long time and therefore much awaited for, the decision of the Romanian justice
minister had a boomerang effect: on Thursday evening, Tudorel Toader announced
the start of a procedure to dismiss the chief prosecutor of the National
Anticorruption Directorate Laura Codruta Kovesi, a position she has occupied
since 2013. Toader says his decision is based on deeds and facts that cannot be
tolerated in a country that respects the rule of law, all of which he made
public in a report.

The justice
minister accuses Kovesi of serious violation of duty, pressuring the government
and other state institutions, delaying resolutions to cases, failure to
investigate prosecutors and a series of public statements. Tudorel Toader:

The National
Anticorruption Directorate does not identify with its chief prosecutor, whose
actions over the last year have demonstrated that she is a threat to the
institution she runs on account of her authoritarianism, discretionary
behaviour, defiance of Parliament and the government’s role and duties and challenging
the rulings of the Constitutional Court and its authority.

Romanian
politicians reacted immediately to this announcement. The Social Democratic
Party, the main force in government, says the request for Kovesi’s dismissal is
justified and well-grounded. The Social Democrat senator Serban Nicolae says
the report should be a wake-up call because it highlights the state’s
vulnerabilities:

The best thing
would have been for these things not to have existed, neither the serious facts
presented nor the need to ask for her dismissal. Unfortunately, the facts
presented by the justice minister are of a very serious nature and they explain
to some extent the grave dysfunctions identified by the public about the
activity of the National Anticorruption Directorate, the poor credibility of
anticorruption prosecutors and the debatable results obtained, especially
recently.

The National
Liberal Party, the main opposition party, does not share this view. On the
contrary, the Liberals say minister Tudorel Toader acted because of pressure
from criminals. Ionel Danca, the spokesperson of the National Liberal Party:

When the chief
prosecutor of the National Anticorruption Directorate is dismissed following
pressure from persons with criminal cases who are being tried in court, respect
for the law and the fight against corruption become optional in Romania. This
is unacceptable in a European Union state that respects the rule of law.

The small
parliamentary party Save Romania Union calls on president Klaus Iohannis not to
act on the justice minister’s proposal. The president, the only one who can
dismiss Kovesi, has told a press conference that he maintains his position
regarding the activity of the National Anticorruption Directorate. Saying that
the report presented by the justice minister lacks clarity, the president, who
is in fact in conflict with the government, has promised that the report will
be analysed in detail by his experts.

While the
presentation of the report was accompanied by an anti-Kovesi protest, thousands
of people took to the streets later in the evening in a show of support for
Kovesi, whom they see as a symbol of the fight against corruption. Unhappy with
minister Toader’s decision, people say he must resign and explain why: Because
he asked for the dismissal of the most trusted person and for reasons that are
not well-grounded. I want to live in a country where justice is independent,
not under political control.

These
developments have also been covered by the foreign press. The France Presse
news agency notes, for example, that launching the procedure to dismiss Laura
Codruta Kovesi marks the climax of tensions between the leftist political
majority and the judicial power, fuelled by the intention of the Social
Democratic Party to amend the justice laws.

23 February 2018
The Week in Review 19-25 November 2017

The Romanian Government is faced with the first no-confidence motion

The Romanian Government, made up of the Social Democratic Party and the Alliance of Liberals and Democrats in Romania and headed by the Social Democrat Mihai Tudose has this week been faced with its first no-confidence motion, filed by the right-wing opposition. 223 votes were needed for the motion to pass, but only 159 MPs supported it. The signatories to the motion, deputies and senators members of the National Liberal Party, the Save Romania Union, the Peoples Movement Party and other non-affiliated politicians, called for the resignation of the Cabinet, blaming it for disturbing the economic environment and the legal system and for damaging peoples living standards.

They believe that the changes brought to the Fiscal Code in particular, according to which the obligation to pay social security contributions has been shifted from employers to employees, and the drop in the income tax from 16% to 10% as of January 1, 2018, will have devastating effects on the economy. In response, the Prime Minister claims that, thanks to this fiscal reform, more money will enter the state budget and the pension fund next year, and businesses will benefit from simplified procedures. Also, the Prime Minister has given assurances that the 2018 draft budget will be finalized soon, and local governments will have their shares secured, so as to have no reason to raise taxes and fees.

The National Anticorruption Directorate forfeits the Social Democrat leaders assets and accounts

This week, the National Anticorruption Directorate has forfeited the accounts and assets owned by Liviu Dragnea, the leader of the Social Democratic Party, the main party in the ruling coalition in Romania. The decision was made in order to recover the 27 million Euro damage caused by his involvement in a case in which he is accused of setting up an organized crime group and abuse of office. This case, the third involving Liviu Dragnea, is related to the rehabilitation of roads using European money, back when Dragnea was president of the Teleorman County Council. Liviu Dragnea believes he is just the victim of a political campaign and has contested the decision. Liviu Dragnea:

“I have been a target every time the Social Democratic Party wanted to do something for Romania. Now I am being used as a means to block the justice laws”.

The bill amending the justice laws has been contested by civil society, opposition and magistrates, and also by the president of the country Klaus Iohannis. They have all stated there are no serious grounds for such haste in changing the laws and blame the government for lack of transparency in drafting the bill. Here is the head of the Anticorruption Directorate Laura Codruta Kovesi:

“There is no magistrate in Romania who would deny that there are problems the three bills try to address, such as the magistrates career, promotion and other issues. However, what the magistrates have contested is the total lack of transparency, as there have been no consultations on the matter. Its an attempt to increase the authority of the Justice Minister over prosecutors, which would seriously affect the independence of the latter and also, indirectly, the judges independence.”

Romania purchases Patriot missile defense systems

Romania will purchase 7 Patriot systems, for a combined 3.9 billion USD plus VAT. The Defence Minister Mihai Fifor says the purchase will strengthen national and regional security and will help consolidate the Romanian-American strategic partnership. Mihai Fifor:

“The Romania-USA strategic partnership launched on July 11, 1997, has been a major landmark in Romanias foreign policy, and an efficient instrument to support the domestic defence efforts. This purchase will also entail a stronger military cooperation between Romania and the US, transfers of technologies and sensitive information, and enhanced confidence between the two allies.”

Patriot systems are regarded as the worlds most advanced technology in the field, with state-of-the-art interceptor missiles and complex radar systems able to detect and respond to threats within seconds.

The Gaudeamus Book Fair opens its gates in Bucharest

The Gaudeamus Book Fair has just opened its gates in Bucharest. Organized by Radio Romania, the only radio station in the world that takes part in such an undertaking, the fair has turned into a landmark, for both specialists and the larger audience. Hundreds of exhibitors are taking part in this years edition of the fair, which will host no less than 800 events, including book and audio-book launches, book signing sessions, meetings with writers, historians, editors, translators, literary critics, political experts, photographers and journalists.

The guest of honour this year is not a country, as it used to be before, but the very European Commission. The fair thus celebrates several major events: 60 years since the signing of the Rome Treaty, 30 years since the launch of the Erasmus programme and ten years since Romania joined the European Union. The honorary president of the fair is this year the famous Romanian born playwright and journalist Matei Visniec. The record of the Gaudeamus fair, which has been held for two decades now, includes more than 1.7 million visitors and some 6,200 exhibitors, making Radio Romania national leader in the field.

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25 November 2017
Divergences regarding the justice legislation

The bill amending the justice laws in Romania keeps raising controversy, also after the recent talks in Brussels, where the line minister Tudorel Toader had several meetings on the matter, including with the First Vice-President of the European Commission Frans Timmermans. The three major laws that govern the functioning of the judiciary, namely the one regulating the status of judges and prosecutors, of the Higher Council of Magistracy and judicial organization, have to be put in line with the Constitutional Court’s decision. Therefore, it was the Higher Council’s turn to give an opinion on the matter, and, as everybody had expected, the council voted against the package bill.

The Council’s opinion, however, is only advisory, and parliamentarians do not have to take it into consideration. During the debates, members of the Higher Council of Magistracy said they would like to have a more real and more transparent dialogue with the members of parliament, for the justice laws package to help magistrates, all the more so as progress and change are needed in the field. “A debate with a predictable outcome” was Tudorel Toader’s reaction after the Council made public its opinion.

Obviously unhappy with the debates’ outcome, Toader accused some of the magistrates of having used a ‘double language’ and of rejecting proposals coming from their own body. Even so, he voiced his conviction that the parliamentarians who make up the specialized committee will take into account the Council’s advice. So far, the Directorate for Investigating Organized Crime and Terrorism (DIICOT), the National Anticorruption Directorate (DNA) and the General Prosecutor’s Office have voiced their opposition to the bill, just like the Romanian Prosecutors’ Association and the Judges’ Forum.

In turn, Romania’s President Klaus Iohannis has also criticized the bill. He believes that some of the provisions it includes are good, opportune and necessary, but others have been slashed and trimmed, referring mainly to the threshold used to define abuse of office. According to the current form of the bill, the president maintains the responsibility to appoint the heads of the prosecutor’s offices, although, at first, that prerogative had been removed, but he would no longer be able to revoke them. Also, the bill provides for the setting up of a directorate whose role would be to investigate the magistrates subordinated to the General Prosecutor, which would translate into lesser responsibilities for the National Anticorruption Directorate.

As regards the Judicial Inspection Corps, according to the new law it would be subordinated to a newly established National Council for Judges and Prosecutors Integrity. As compared to the initial version submitted by the Justice Ministry, the current bill has been slightly changed by Parliament.

(Translated by Mihaela Ignatescu)

10 November 2017
Anti-corruption in the focus in Strasbourg

For quite a while described as the most powerful woman in Romania and indicated by opinion polls as the hypothetically favourite presidential candidate of the right wing electorate, the head of the National Anti-Corruption Directorate(DNA), Laura Codruta Kovesi has already gained a flattering international fame. She has recently been invited by the High Court of Cassation and Justice in Sofia, the capital of neighboring Bulgaria, to share the Romanian experience in a sensitive area in both states. 90% of corruption files in Romania result in convictions, but that percentage is 30 times lower in Bulgaria as Radio Romanias correspondent in Sofia reports; so, the Romanian strategy could be relevant for the Bulgarian neighbors.

On Monday, Mrs. Kovesi was invited to attend the Strasbourg Conference of GRECO – the Council of Europes anti-corruption body. The debates focused on preventing corruption in top-level government positions and law-enforcing agencies; the previous such conference focused on corruption among MPs, judges and prosecutors. The Strasbourg conference addressed issues related to conflicts of interest, the policies of recruiting former members of the executive and legislative branches for the private sector, financial statements and accountability mechanisms. Romania needs to have its legislation revised and a greater transparency in public procurement to be able to combat high-level corruption more effectively – Mrs. Kovesi said in Strasbourg.

She explained that the ministers immunity must be confined to their term in office so that the investigation of those suspected of corruption might be carried on. In her speech posted on the GRECO website and taken over by press agencies, the anti-corruption chief gave the example of a minister suspected of having received about 45,000 Euros in order to facilitate the granting of contracts to certain companies and the investigation was closed because Parliament had failed to lift his immunity. That was one of the Directorates failures in an anti-corruption campaign which in 2016 alone resulted in over one thousand high and medium ranking officials being prosecuted. They include 3 ministers, 6 senators, 11 deputies, 47 mayors, 16 magistrates and 21 directors of national companies. However, the results were not always that spectacular.

In 2006, prior to Romanias accession to the European Union, only 360 high-level corruption cases were prosecuted in Romanian courts. Four years later, the number of indictments exceeded 900 and reached 1,273 in 2016. According to GRECO experts, the Directorates results were based on the real independence of the judiciary, the prosecutors specialization, a functional law and the consensus of the political class, which at least in declarative terms, backs the anti-corruption fight, although politicians themselves are at the center of some of the most notorious investigations. (Translated by A.M. Palcu)

21 March 2017
Bucharest’s mayor under arrest

Bucharest’s
mayor Sorin Oprescu is in 30-day temporary custody, pending trial, for bribe taking. The ruling, while not
final, is nevertheless executory. Sorin Oprescu has been detained after
receiving a tranche of 25,000 euros of a total of 60,000 which he allegedly
requested from four persons through one of his subordinates, who mediated the
bribe.

One of the four
people who reported on Oprescu said he gave the mayor 1 million euros between
2013 and 2015. According to investigators, the mayor received the bribe at his
home near Bucharest, where he had taken Mafia-style precaution measures. He
would meet his visitors in a gazebo in the garden, with everybody leaving their
phones in a jamming device when discussing business to make sure they aren’t
tapped, the person who reported on Oprescu also said.

To secure solid
evidence, investigators marked the bills that were to be given to Oprescu as
bribe. After the money exchanged hands, the mayor was followed for a while from
a distance. In the evening, when his car was stopped, investigators found some
of the marked bills in his possession, while the rest of the money was found at
his home. On Sunday, anti-corruption prosecutors searched the mayor’s home, the
City Hall headquarters and other City Hall buildings and made some more
arrests, including the mayor’s driver, the director of the Mogosoaia Palace and
her deputy.

According to the
National Anticorruption Directorate, between 2013 and 2015, a well-organised
group that also included Sorin Oprescu created a system within the local
administration in Bucharest by which companies applying for contracts with
public institutions subordinated to the City Hall had to give some of their
profits to the persons who helped them win these contracts.

The companies in
question would be able to retain 30-33% of their net profit, while the rest
went to City Hall officials in bribe, including 10% of the value of the
contract to mayor Sorin Oprescu himself. A doctor by training and a former
member of the ruling Social Democratic Party, Sorin Oprescu has been a mayor of
Bucharest since 2008 and is currently serving his second term.

According to his
wealth statement, he owns 1,000 sqm of land near Bucharest and 500 sqm in the
mountain resort of Predeal, as well as a house and an apartment. Sorin Oprescu
also owns art and religious objects worth 65,000 euros, jewellery, watches and
electronic equipment worth 25,000 euros, as well as 65,000 euros in his bank
accounts.

7 September 2015
Prime Minister Ponta between Motion and Justice

Suspected of corruption, the
Social Democrat Prime Minister Victor Ponta is in the middle of a row currently
making headlines in international media. Accused of forgery in deeds by private
signature, accessory to recurrent tax evasion and money laundering, crimes he
allegedly committed a few years ago, when he was a lawyer, Victor Ponta was
indicted by the National Anticorruption Directorate.

Moreover, the anticorruption
prosecutors called on the Chamber of Deputies to endorse the start of the
prosecution of the head of government, deputy Victor Ponta, for alleged
conflict of interests. The charges are related to the case involving Social
Democrat senator Dan Sova, a former minister of transport, appointed by the
current prime minister, as the law firms owned by the two signed the contracts
for which Victor Ponta is already being prosecuted.

Against this background,
president Klaus Iohannis has called on the Prime Minister to resign. In my
opinion, this is an impossible situation for Romania: its Prime Minister
charged with criminal offences. The worst for Romania would now be a
political crisis The Prime Minister responded on Facebook, saying that he
will not resign, because he has been appointed by Romania’s Parliament,
therefore only Parliament can dismiss him.

Moreover, in a notification sent
to the foreign partners and media, Ponta claims the case built against him by
the anticorruption prosecutors is purely political and aimed at bringing down
the government. According to the main opposition party in Romania, the National
Liberal Party, the Prime Minister’s decision not to resign is marring the
country’s credibility and has triggered the most serious political crisis in
Romania’s post-communist history, undermining the credibility of the Romanian
government in the eyes of EU structures.

The liberal co-president, Alina
Gorghiu, has sent a message to all the MPs in the ruling coalition saying they
can put an end to the current political crisis by voting on the no confidence
motion filed by the National Liberal party against the government at the end of
last week. In the motion, the government is accused of excess of power by
blocking, last year, the Romanians’ constitutional right to vote, both in the
country and abroad.

The document stresses the fact
that Victor Ponta wanted to become president by deliberately sabotaging the
Romanians living abroad, and he now refuses partial, local and parliamentary
elections, which would occupy the vacancies in both parliament and the local
administration, for various reasons. Together with its partners in the
governing coalition, the Social Democratic Party believes that its leader is
the head of a legitimate government and there is no legal and constitutional
reason that would justify his resignation.

8 June 2015
A map of local corruption in Romania has been drawn up by the Clean Romania Coalition

Bucharest is the most corrupt city in Romania according to a survey conducted by the Clean Romania Coalition and the Academic Society entitled The Map of Local Corruption. The survey looked at four different aspects: the awarding of public contracts, the allocation of services for citizens, allocations to the reserve fund and preferential legislation.

After Bucharest, the most corrupt counties are Maramures, in the northwest, and Bacau, in the east, while the least corrupt counties are Salaj, in the northwest, Mehedinti and Teleorman, both in the south, and Botosani, in the northeast. The corruption map was based on figures published over the last five years by the National Anticorruption Directorate.

The survey indicates that local mayors are most vulnerable to corruption. The president of the Academic Society in Romania, Alina Mungiu Pippidi, explains what are the consequences of this fact.

Alina Mungiu Pippidi: “We have found a significant connection between the number of convictions in a given county based on the investigations of the National Anticorruption Directorate and voter turnout in elections. People are less likely to vote or there are fewer people who vote in the very corrupt counties because they feel there’s no one they can vote for. It’s always the same politicians who run for office, irrespective of their parties, and people perceive them all as being corrupt.”

The map of local corruption shows that at least one corruption case has been reported or has gone to trial in recent years in every single county in Romania. The study also shows that people in important positions are more likely to receive suspended sentences compared with ordinary people. At any rate, 56 mayors and deputy mayors received final sentences between 2010 and 2014 in Romania.

As far as high-ranking officials are concerned, the National Anticorruption Directorate on Tuesday told a hearing in the European Parliament that it issued 12 different requests for prosecution against ministers and ex-ministers. The Romanian authorities have been urged to continue the reform of the judiciary and also tackle lower-level corruption.

In its latest annual report, Transparency International noted that, in terms of corruption, Romania ranks between Italy and Bulgaria. As for the Romanians, 76% agree that corruption is a major problem in their country compared with 41% in Europe.

16 April 2015