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THE ROMANIAN JUSTICE AMID HARSH CRITICISM 07/07/2008
(2008-07-07)
Last updated: 2008-07-08 13:51 EET
July the 6th was the Day of the Romanian Justice, a holiday which according to president Traian Basescu, this year marked the very failure of the system. He made public this opinion at a celebratory meeting to mark Justice Day, two weeks before the publication of the European Commission report on the state of play in the Romanian judicial system. Traian Basescu:

“In my view, this meeting is shadowed by the failure of the judiciary, something which will be confirmed in two weeks' time. I represent the Romanians and I have the right and the duty to be demanding if Romania and all Romanians continue to be subject to a humiliating monitoring process because of this failure. So I call on all prosecutors and judges to join forces in order to prevent what might happen after the extension of the monitoring process, that is the activation of the safeguard clause and the elimination of Romania from the European judicial system.”

Justice Minister Catalin Predoiu seems a lot more optimistic, and believes the judiciary has made progress which cannot be overlooked by an objective European Commission:

“I am confident that the progress has been noted by the European Commission experts. I am also confident that the experts have noticed the areas in which we have not made adequate headway, and the institutions responsible for these problems. I have full confidence in the objective nature of the Commission’s report due at the end of this month and we are waiting for its conclusions calmly and ready to carry on the reforms.”

Without doubt, after the fall of communism the Romanian legal system has seen radical changes meant to bring it in line with international requirements. But people's confidence in the judiciary as a whole, and in its representative institutions, such as courts, prosecutors' offices and the Higher Council of Magistrates or in their personnel, remains low. According to the latest Eurobarometer, the judicial system ranks 8th in terms of public confidence, with only 26 per cent of the respondents saying they trust the system.

Many Romanians believe the judiciary is subject to political meddling. The Higher Council of Magistrates argues that apart from certain pressures, courts and prosecutors' offices have retained their independence. But the assessment report to be issued by the European Commission at the end of this month will tell us about the progress made by Romania in this respect, about what is still to be done and, more importantly, will confirm or disprove President Traian Basescu's view that European experts will continue to monitor the Romanian judiciary.
 
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