EC Report: Romania Not Yet Engaged In Thorough Reform Of Justice Disciplinary System

An analysis by the High Council of Magistrates Judicial Inspection of certain high-level corruption cases which remain delayed in court „has not led to any significant findings or recommendations regarding judicial practice. Romania has not yet engaged in a thorough reform of the disciplinary system,” says the EC.

Also, says the report, „an important reform of appointments to the High Court of Cassation and Justice, with the aim of increasing the objectivity, thoroughness and transparency of procedures has been proposed by the Government in May and is under debate in Parliament.”

According to the Commission, improving the accountability of the judiciary remains an important challenge. „Since the Commission’s last annual assessment, new recruitment rules for judicial inspectors were adopted and some steps were taken to improve the efficiency and transparency of the Judicial Inspection and to unify its practice. However, the capacity and track record of the Inspection has not improved significantly.”

The report notes that a new High Council of Magistrates (CSM) took office in January, „although its full establishment was delayed pending legal challenges and partial re-elections.” Here the EC refers to the new elections for the positions of High Court judge, Appellate Court judge and prosecutor in CSM, after the Constitutional Court ruled that certain constitutional provisions had been violated, as three former CSM members ran for a new term.

„Since entering into office, the Council has taken some fist welcome initiatives to strengthen the Judicial Inspection and to facilitate the entering into force of the Civil Code,” says the document. „Progress in a number of areas relevant for the [Cooperation and Verification Mechanism] will depend on the Council’s commitment to judicial reform during the next period. This should be demonstrated by transparent and objective appointment decisions, the strengthening of the National Institute of the Magistracy and progress in human resources management.”