The Romanian Judiciary and the Schengen Accession

The Superior Council of Magistracy, the institution that is supposed to be watching over the smooth functioning of the Romanian justice system, is going through a tough period, with some of its members suspected of being political camp followers. The situation reached a boiling point on Tuesday, when, for the first time in the history of the Romanian judiciary, two Superior Council judges were revoked. This extreme measure was requested by several magistrate associations, who accused the two judges of having pursued a personal agenda.

Another scandal broke out within the institution when a prosecutor was appointed at its helm, instead of a judge, as it was the case before. The suspicion that the new head of the Magistrates Council is someone close to President Traian Basescu only fueled the tensions and the fears that the institution has become a political battlefield. It’s no secret that the Romanian judiciary has in time become a bone of contention among various political groups.


On the day when the two Magistrates Council judges were dismissed, President Basescu publicly asked the Government and the Social-Liberal majority to speed up the appointment of the heads of the General Prosecutor’s Office and the National Anti-Corruption Directorate, and to stop supporting ministers under criminal investigations.


These requests, together with the revision of the statute of senators and deputies, which would make them a privileged category, are, in fact, mentioned in the latest report on the Romanian justice system published by the European Commission as part of the Cooperation and Verification Mechanism, Traian Basescu has pointed out. Unless these conditions are met, there are small chances of a positive answer concerning Romania’s accession to Schengen, to be discussed at the forthcoming Justice and Home Affairs Council.

Traian Basescu: “Unless there is a clear signal that the country’s Government, Parliament and parliamentary majority have started to work on the weaknesses underlined in the European Commission’s report, those who will represent Romania at the Justice and Home Affairs Council have no negotiating power. They have no other arguments. Of course, the fact that ministers under criminal investigations are still part of the government won’t help, nor will the fact that selecting prosecutors is such a big issue or that the MPs are strengthening their immunity.”

In his turn, Prime Minister Victor Ponta has claimed the president has turned into one of the opponents of Romania’s accession to Schengen:

Victor Ponta: “I have met with the European prime ministers and none of those I spoke with about the Schengen accession has given me the arguments against it that President Basescu has. These arguments against accession are provided precisely by the person who, together with me, should see that this goal is achieved.”

Romania’s and Bulgaria’s Schengen accession, initially set for March 2011, has been postponed, after several member states opposed it, on grounds of the insufficient reform of the justice system.