Radio România Internațional

Tag: the judiciary

  • EU Report on the Rule of Law

    EU Report on the Rule of Law

    The European
    Commission released a report on the rule of law in the EU member states on
    Tuesday. The independence of the judiciary, freedom of the press or the fight
    against corruption are scrutinized in this annual report, which has reached its
    second edition. The report contains specific remarks for most of the 27 members
    of the European Union, but systemic issues concern mainly Hungary and Poland,
    the European Commissioner for Justice, Didier Reynders has stated.




    The two countries,
    which are criticized with regard to the independence of the judiciary and freedom of
    the press, are joined by Slovenia, which has also been singled out for the
    deterioration of media freedom. In fact, the situation of the press is a major
    concern, as many states of the Union report an increase in violence towards
    journalists, said the Vice President of the European Commission, Vera Jourova.






    As regards Romania, the report refers, for the most part, to the reforms of the Judiciary.
    It is noted that steps are being taken to review the changes – severely
    criticized – brought to the legislation in the period 2017-2019 and concerns
    are raised about the existence of the Special Section for the investigation of
    crimes committed by magistrates. The initiative
    to abolish this Section must follow the line of European law, the Commission
    says. Recalling a decision by the Romanian Constitutional Court, which has
    recently ruled that the national
    fundamental law is hierarchically superior when judges must refer to European
    law, the European Commission says that it’s quite the opposite; this calls into
    question the principle of the supremacy of EU legislation. According to Vera
    Jourova, European legislation takes precedence over national ones and all the
    rulings of the European Court of Justice are binding on the authorities and
    courts in the member countries.






    The Commission’s
    report also notes, among other things, that the shortage of staff remains
    worrying in the Romanian judiciary. In December 2020, almost 10% of the posts of judge and almost 16% of prosecutor were vacant, which has an impact on the
    efficiency of the system. Then, although the 2018 provision allowing for the
    early retirement of magistrates with 20 years of seniority was repealed by Parliament
    in March this year, nearly 300 magistrates retired in 2020 and almost 250 in
    the first quarter of this year, amplifying even more the shortage of staff.






    On the subject
    of ‘corruption’, the Commission notes that the perception among experts and
    business leaders is that the level of this scourge in the public sector remains
    high, but – the EU executive says – investigations and sanctions for corruption
    at medium and high level have remained effective. Finally, the European
    Commission states that defamation lawsuits against investigative journalists
    continue to be reported in Romania. (MI)

  • Justice Day was celebrated in Romania on July 4th

    Justice Day was celebrated in Romania on July 4th

    Aiming to mark the role and importance of the judiciary, of the partners of the justice system and of all law enforcement officers in an attempt to consolidate the rule of law, Justice Day was established in Romania in 1994 and is celebrated every year on the first Sunday in July. “We are now an EU and NATO member state, we are connected to the values ​​of consolidated European democracies and we are about to undergo a massive process of economic, social and political change”, reads a message sent, on this occasion, by the Romanian Prime Minister Florin Cîțu. “Against this background, the reform of the justice system is a process that has already been started by the coalition of pro-European forces, which is now leading Romania. It will not be easy. There are still many who want justice to remain inefficient and controllable. But, together with our institutional partners at European level, we are engaged in a process of healing the justice system from the harm it had been inflicted on it the past years”, the Prime Minister also stressed.



    “The reform of the judiciary can no longer wait”, the line minister Stelian Ion has also stated, stressing that the Ministry of Justice is working on increasing the pace of digitalization, of interconnecting the institutions responsible for related fields of activity, materials and logistics for the good development of the judicial activity, as well as for the coherence of the legislation in the field of the judiciary. The Minister also spoke about Romanias objectives at EU level, namely “relieving the courts, lifting the CVM and continuing to monitor the rule of law through the Rule of Law Conditionality Mechanism, as well as modernizing and rendering the justice system in Romania more effective.”



    In its message, the DNA leadership shows that corruption continues to be present in many areas of society, so combating this scourge must remain a goal that brings together energy, political will, human resources and logistics. And for anti-corruption prosecutors to be effective in their work, the guarantees of independence must be maintained and reconsolidated. The President of the Superior Council of Magistracy (SCM), Mihai-Bogdan Mateescu, speaks, in the message he conveyed on Justice Day, about the need for unity within the judicial system. He says that justice will carry on, with honest, balanced, good professionals, with respect for society and by honestly assuming responsibility for all internal vulnerabilities, but true progress can only be achieved in a society that understands the place, role and the real importance of the justice system, beyond slogans and biases.



    The Prosecutor General of the Prosecutors Office attached to the High Court of Cassation and Justice, Gabriela Scutea, also sent a message, reading that there are strong arguments, in relation to other state authorities, that some directions of modernization in this area entail changing the law. And the president of the High Court of Cassation and Justice (HCCJ), Corina-Alina Corbu, believes that today, the justice system needs more balance than ever and calls on the members of the judiciary to inform society about the common goals, despite the inherent divergences in relation to some issues. (MI)