The Effects of Justice Monitoring on Romanian Politics and Institutions

- Media and Civil Society Perceptions -

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The Romanian Center for European Polices (CRPE) and the Academic Society of Romania (SAR) released a study that aims to evaluate the effectiveness and performance of the Mechanism for Cooperation and Verification (MCV) in the area of justice agreed upon by the European Union and Romania, analyzing the factors that have facilitated the acceptance and implementation of EU conditions.

This report is the second in a series of four that analyze the proposed topic. To obtain an analysis as well-documented and systematic as possible, we chose to conduct a poll of the opinions of experts in the domain, using a questionnaire structured around the objectives set by the MCV and covered in the monitoring reports.

Some of the research results, as apparent from the responses:

- None of the four benchmarks of the MCV is considered to be fulfilled. The biggest failure is recorded in the objective of "Ensure[ing] a more transparent, and efficient judicial process notably by enhancing the capacity and accountability of the Superior Council of Magistracy”. 91% of respondents say that this objective was not achieved.

- All four benchmarks are considered important and the respondents in an overwhelming majority agreed that the Romanian authorities are responsible for the lack of progress.

- Influence of the European Union has led to changes in the political discourse and the importance of issues related to the fight against corruption on the public agenda but this has not led to increased honesty in political circles

- Too lenient sentences affect the efficiency of anti-corruption policies; the first two causes identified are corruption among judges (37%) and fear of the consequences on their careers (27%). Only 21% of respondents believe that the sentences are justified by the contents of the files presented to the judges.

- 96% of respondents believe that the exceptions of unconstitutionality are rather a way of delaying cases and 87% think that it would be welcome to change the law so that trials may not be suspended when such exceptions are raised.

- Almost 80% of respondents believe that the Parliament abuses its power regarding the approval of investigations of its own members. Moreover, from the institutions involved in achieving the MCV objectives only one (National Anti-corruption Directorate DNA) enjoys positive perceptions of the majority of respondents, 56% saying that DNA serves its purpose for which it was created. Only 12% say the same thing the Superior Council of Magistracy - SCM.

- In what concerns the future of the Cooperation and Verification Mechanism, 65% of respondents say it should be preserved and even that sanctions should be tightened.

84 journalists that report about corruption and experts from NGOs answered the survey.

This is the second study in the project The Evaluation of the Effectiveness of the Mechanism for Cooperation and Verification in Justice. Recommendations for the Post-2009 period funded by the European Union Transition Facility program 2007/19343.01.11 - Strengthening support for civil society in fighting corruption. The study was also supported by Essex University, UK.