EUROPEAN COMMISSION

MEMO

Brussels, 18 July 2012

Report on Progress under the Co-operation and

Verification Mechanism in Romania

Why does the Commission report on progress in judicial reform and

the fight against corruption in Romania?
Upon accession of Romania on 1 January 2007, certain weaknesses remained in the areas
of judicial reform and the fight against corruption that could prevent an effective
application of EU laws, policies and programmes, and prevent Romanians from enjoying
their full rights as EU citizens. Therefore, the Commission undertook within the
Cooperation and Verification Mechanism1 (CVM) to assist Romania to remedy these
shortcomings and to regularly verify progress against four benchmarks set for this
purpose. These benchmarks are interlinked and should be seen together as part of a broad
reform of the judicial system and the fight against corruption for which a long term
political commitment is needed.

How does the Commission report on progress in Romania?

The Commission's reports under the Cooperation and Verification Mechanism (CVM) have
been published twice a year since 2007. The reports are based on contributions from the
Romanian Government, as well as from the Commission services, Member States and
NGOs. The most recent reports in July 2011 and February 2012 charted the legislative,
institutional and policy developments relevant to judicial reform and the fight against
corruption.
In 2011, the Commission announced its intention to use the summer 2012 report to make
a review of progress over the full five years since Romania's accession to the EU in 2007.
This report therefore takes a five-year perspective and is able to look at longer-term
trends and the extent to which policy initiatives have been carried through into
implementation.

1
Commission Decision 2006/928/EC of 13 December 2006 establishing a mechanism for
cooperation and verification of progress in Romania to address specific benchmarks in the
areas of judicial reform and the fight against corruption (OJ L 354, 14.12.2006, p. 56).

MEMO/12/569
What does today's report say?
Today's report summarises the Commission's serious concerns in relation to recent
challenges to the rule of law by the Romanian Government and Parliament. It includes a
number of urgent recommendations which have already been the subject of commitments
made by Prime Minister Ponta to President Barroso.
In its assessment, the report concludes that progress has been made since 2007.
However, the objectives of the CVM have not yet been met and the benchmarks have not
been satisfactorily fulfilled. Reform is not yet sustainable and irreversible.
Many of the building blocks are now in place, particularly in the legislative framework, and
the focus is shifting to implementation. Romania has created the basis for a substantial
modernisation of the Romanian judicial system. Institutions like the National Anti-
Corruption Directorate (DNA) and the National Integrity Agency (ANI) have demonstrated
a convincing track record in the pursuit of high-level corruption. The judiciary has recently
been able to handle the most sensitive cases and to affirm its independence. A solid
national anti-corruption strategy is now being implemented. At the same time, the report
also shows that ownership of reforms remains variable. Current political controversies in
Romania pose a serious threat to the progress achieved so far, and have underlined that
many reforms have not yet taken root.

What are the next steps?

The most important immediate step is for the government and the key institutions of
Romania to demonstrate their commitment to the rule of law and to judicial independence.
This requires a number of urgent steps by the government and Parliament. For this
purpose the Commission has included a number of specific and urgent recommendations
to Romania to which Prime Minister Ponta committed in a letter to the President of the
Commission on 17 July. These commitments include the repeal of emergency ordinances
regarding the powers of the Constitutional Court and the eligibility rules for the
referendum on the impeachment of President Basescu, the respect for decisions of the
Constitutional Court and of the Romanian Constitution, and to the appointments procedure
for key positions including the Ombudsman, the General Prosecutor of Romania and the
Chief Prosecutor of the National Anti-Corruption Directorate. These commitments
furthermore include refraining from Presidential pardons during the interim Presidency and
from appointing ministers with negative integrity rulings. They also cover the adoption of
procedures regarding the resignation of Members of Parliament with final decisions on
incompatibility, conflict of interest and high-level corruption.
In addition to these urgent recommendations made in light of recent events, the
Commission also extends a number of other recommendations to Romania in the areas of
judicial reform, accountability of the judicial system, transparency and consistency of the
judicial process, effectiveness of judicial action, integrity and fight against corruption.
Given current uncertainties, the Commission will adopt a further report under the CVM for
Romania before the end of 2012. In this report, it will look at whether the concerns it
expresses regarding the rule of law and the independence of the judiciary have been
addressed and whether the democratic checks and balances have been restored. The
Commission will monitor progress closely, with regular missions, as well as frequent
dialogue with the Romanian authorities and with other Member States.

2
What are the four benchmarks set for Romania?
The following benchmarks have been set for Romania in the context of the Cooperation
and Verification Mechanism:
1. Ensure a more transparent, and efficient judicial process notably by enhancing the
capacity and accountability of the Superior Council of Magistracy. Report and monitor the
impact of the new civil and penal procedures codes.
2. Establish, as foreseen, an integrity agency with responsibilities for verifying assets,
incompatibilities and potential conflicts of interest, and for issuing mandatory decisions on
the basis of which dissuasive sanctions can be taken.
3. Building on progress already made, continue to conduct professional, non-partisan
investigations into allegations of high level corruption.
4. Take further measures to prevent and fight against corruption, in particular within the
local government.

Where can the report be found?

The report is available on the following website:
http://ec.europa.eu/dgs/secretariat_general/cvm/index_en.htm