Sat, May 26 2012

CVM update urges Romania to continue judiciary reform

Wed, Feb 08 2012 12:40 CET 1131 Views
CVM update urges Romania to continue judiciary reform

The CVM report did not name specific anti-corruption investigations, but praised the 'important cases' against 'senior politicians and officials'; the most prominent such case was the recent sentencing of former prime minister Adrian Nastase.

Photo: Reuters

European Commission's interim report under the Co-operation and Verification Mechanism (CVM), released on February 8, praised Romania for continuing to pursue high-profile corruption cases and the introduction of new legislation, but urged more action on reforming the judicial system and the confiscation of assets acquired through illegal means.

The CVM was a condition of Romania joining the European Union in 2007 and used to monitor the country's progress on specific benchmarks in the areas of judicial reform and the fight against corruption. Annual progress reports under the CVM are published each summer, with technical updates detailing new developments released in winter.

The interim report noted that Romania's new civil code went into force in October 2011, with a civil procedure code set to follow in June, while "draft legislation on extended confiscation has made progress in parliament."

"The new laws on the reform of appointments to the High Court of Cassation and Justice and on the disciplinary responsibility of magistrates set out frameworks which aim at more clarity and rigour. A comprehensive National Anti-Corruption Strategy has been drafted," the report said.

However, preparations to implement the criminal and criminal procedure codes should continue in areas like targeted recruitment and rebalancing resources between courts, and "should be put in the framework of a clear and comprehensive implementation plan," the report said.

"The acceleration of high-level corruption trials by the High Court of Cassation and Justice has helped to respond to the Commission's recommendation concerning the risk of some high level corruption cases reaching statute-barred periods. This could have a longer-term impact in terms of streamlining the judicial process and securing timely final court decisions."

Separately, the report noted that Romania's national anti-corruption directorate DNA and the national integrity agency ANI, two institutions set up as part of Romania's judiciary reform drive, had "continued to carry forward a series of important cases, including with regard to a significant number of senior politicians and officials."

But the ability of the leadership of the judiciary to adequately respond to problems concerning integrity and accountability within the judiciary remained an issue of public concern the report said. "Decisions in key court cases will need to further contribute to effectively dissuading high-level corruption."

The report said that further efforts were needed to secure more convincing results in the recovery of the proceeds of crime.

On the issue of the national anti-corruption strategy draft, the Commission said that it "should be backed up by a clear endorsement by all institutions, to maximise the leverage of this strategy."

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