European Commission Makes 19 Recommendations Meant To Help Romania

The 19 recommendations are included in the EC report on Romania's justice system, obtained by MEDIAFAX. The document will be published in Brussels on Wednesday.

Regarding the reform of the judicial system, the EC said Romania should:

- adopt a comprehensive implementation plan for the codes, provide sufficient resources for training and the reorganization of courts and prosecutors offices, increase the capacity of the National Institute of the Magistracy and adopt its proposals to improve training and recruitment standards;

- complete a detailed analysis of the imbalances of workload within the judicial system in preparation of the upcoming functional review of the judicial system;

- finalize the proposed functional review of the judicial system and implement its recommendations, adopting an action plan and timetable which sets out the detailed objectives and indicators for reform;

- create a framework to monitor progress in judicial reform involving stakeholders from the judiciary and civil society for the implementation of this action plan;

Regarding the accountability of the judicial system, the Commission made the following recommendations:

- transparent and objective appointment decisions, disciplinary decisions and appraisals and implement an objective and transparent promotion system to the High Court of Justice;

- demonstrate a track record by the Judicial Inspectorate of the High Council of Magistrates in the analysis and improvement of judicial practice and continue the reform of the Inspectorate;

- achieve the electronic publication of all jurisprudence and apply measures to assure that court motivations are issued in accordance with the law in a timely manner.

Concerning the effectiveness of judicial actions, the EC recommended Romania should:

- take urgent measures to improve judicial practice and case management and accelerate important high-level corruption cases to avoid reaching statute-barred periods in all cases;

- continue the reform of the High Court of Justice in order to increase its capacity to deal with high-level corruption cases;

- continue to improve the consistency of court sanctions in high-level corruption cases and demonstrate better results in investigating, prosecuting and judging cases of fraud of EU funds and in public procurement;

- ¬ adopt clear rules in consultation with the judiciary for decisions of Parliament to lift the immunity of its members based on best practice in other EU Member States.

The EC recommendations concerning integrity are:

- Demonstrate a track record in prompt and dissuasive sanctions taken by administrative and judicial authorities regarding incompatibilities, conflicts of interest and the confiscation of unjustified assets in follow-up to the findings of the National Integrity Agency (ANI);

- take measures to unify the practice of the Wealth Investigation Commissions and to assure that they handle cases efficiently without prejudging the decision of court;

- Improve the cooperation between ANI and other administrative and judicial authorities, particularly in the area of public procurement and improve the investigative capacity of ANI through upgrades to their information system and through targeted risk assessments;

Referring to the fight against corruption, the EC said Romania should:

- coordinate anti-corruption policies at highest-level and develop a new robust multi-annual strategy to prevent and sanction corruption following the recommendations of an independent impact assessment; and create a monitoring group together with civil society to oversee implementation of the strategy;

- demonstrate convincing results in the recovery of the proceeds of crime by following best practice in other EU Member States, adopting a new law on extended confiscation and strengthening judicial practice. Romania should also demonstrate a proven track record in pursuing money laundering as a stand-alone offence;

EC recommendations regarding the protection against fraud and conflict of interest:

- establish an electronic integrated database for public procurement procedures and strengthen the procedures and capacity of the competent authorities in this area;

- develop rules for the prevention of conflict of interest in the management of public funds and within the authorities that regulate, check and decide on complaints in the area of public procurement;

- implement the recommendations of independent assessment of the public procurement system and of a functional review which will be carried out in this area.

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