EC Says Romania Should Revise Supreme Court Competence, Increase Magistracy Institute Role

The Commission also recalled the outstanding recommendations of July 2009, notably regarding the adoption of an implementing law and carrying out of impact studies of the new Criminal and Civil Codes and their respective procedural codes.

The Commission recommends in the report that Romania should launch an independent performance review of the judicial system and ensure a smooth and legally sound transition to a new High Council of Magistrates by observing the requirements of the law concerning the eligibility of candidates.

The EC also recommends the country should increase the capacity of the National Institute of the Magistracy for initial and continuous training and take steps to guarantee the consistent professional standards of all new magistrates and revise the competence of the High Court of Justice by reducing the competence to try cases in first instance and limiting the judging of appeals to points of law.

The Commission also recommends a thorough reform of the disciplinary system and strengthen the capacity and organization of the Judicial Inspection to ensure focus on disciplinary investigation and allow for a greater variety of sanctions and take steps to ensure the application of consistent, proportionate and dissuasive disciplinary penalties.