Annexes to COM(2008)62 - Interim Report from the Commission to the European Parliament and the Council on Progress in Romania under the Co-operation and Verification Mechanism

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dossier COM(2008)62 - Interim Report from the Commission to the European Parliament and the Council on Progress in Romania under the Co-operation ...
document COM(2008)62 EN
date February  4, 2008
ANNEX

Overview of EU Assistance provided to Romania in the area of Judicial Reform and the Fight against Corruption [26]

Benchmark 1: Judicial Reform

EU projects have provided institutional capacity building to the Senior Council of Magistracy and the Romanian judiciary training institutions. A substantial budget was reserved for the IT equipment of courts and prosecutors offices. Several larger bilateral projects and a number of smaller initiatives complemented this institution-building effort. Future projects continue to focus on capacity building, on the transparency of the judicial process and address particular areas such as judiciary statistics, probation system or witness protection. Judicial Reform has been a strong focus of assistance.

Phare 2004-2006:

- Institutional Capacity Building and IT and office equipment for the Superior Council of Magistracy (several projects, ongoing: 2.4 MEUR)

- IT and Office Equipment for the Superior Council of Magistracy (Until Nov06: 600,000 EUR)

- Strengthening the institutional and legislative framework in the field of international judicial cooperation (Nov06-May08: 1,2 Mio EUR)

- Institution Building and Equipment for the National Institute of Magistracy and to the National School of Clerks (several projects, ongoing: total 5.24 Mio EUR)

- IT equipment, training and development of case management and documentation software at courts and prosecutors' offices (several projects, ongoing: total 28,72 Mio EUR)

- Assistance to set up an efficient legal aid system (Until Nov06: 1,25 Mio EUR)

- Mediation as an alternative dispute resolution (275.000 EUR until June 2007)

- Increasing the Transparency of Courts' and prosecutors' offices (Nov07-Dec08: 1 Mio EUR)

- Assistance to the High Court of Cassation and Justice: Training and Capacity Building (Nov07-Dec08: 700,000 EUR)

- Further consolidation of the institutional and administrative capacity of the Ministry of Justice (Phare 2006: 0.4 MEUR)

Transition Facility 2007:

- Unification of the Jurisprudence of Courts and Prosecutor Offices in Romania (600,000 EUR)

- Strengthening the Public Ministry’s institutional capacity (170,000 EUR)

- Improving the System of Romanian Judicial Statistics (560,000 EUR)

- Strengthening the Romanian Probation System and the Inter-Institutional Cooperation on Victim Protection (570,000 EUR)

- Assistance for Enhancing the Respect of Human Rights in Prisons and Improving the Efficiency of the Romanian Penitentiary System (660,000 EUR)

- Improving the Witness Protection Capacity (250.000 EUR)

Main Bilateral Projects:

Consulting Services for Revision of the Penal Procedure Code (Jan-Nov07: 299,500 EUR) Strengthening the functioning of the Romanian Judiciary and its representative body – Superior Council of Magistracy (750,000 EUR) |

Development of Judiciary Training Capacities (Mar-Nov07: 40,000 EUR) |

Several Projects on: Management and media training for magistrates, Increasing Integrity within the Judicial System, Strengthening the Probation Service, Assistance to the Anti-Money Laundering Office, Court Management (635,000 EUR ) |

The implementation of basic procedural rules for protecting the financial interests of the EU (May-Oct07: 82,000 EUR) Support for improving the capacity of the Ministry of Justice (36,000 EUR) Assistance to the National Institute for Magistracy of Romania Improving the Human Rights Situation in Prisons (07-08: 50,000 EUR ) |

Several smaller training projects, internships, organisational audits, study visits, seminars |

- Main Projects with a total budget of at least 45.41 MEUR

Benchmark 2: Integrity Agency

A single large project includes support to the creation of the National Integrity Agency. Two bilateral projects complement the institution-building effort through support in related areas. Given that the National Integrity Agency will become operational only in the course of 2008, follow-up support should be considered.

Phare 2004-2006:

- Improving the fight against corruption – assistance to the National Integrity Agency and the DNA (Aug06-Jan08: 0.6 Mio EUR concerning ANI)

Main Bilateral Projects:

Enhancing the Monitoring Role of Civil Society (88,000 EUR) |

Protection of whistleblower program |

- Main Projects with a total budget of at least 1.6 MEU

Benchmark 3: High-Level Corruption

Several projects supported building-up capacity at the Romanian National Anti-Corruption Prosecution Services (DNA). This support continues through smaller projects.

Phare 2004-2006:

- Improving the fight against corruption – assistance to the National Integrity Agency and the DNA (Aug06-Jan08: 1 Mio EUR concerning DNA)

- Strengthening the institutional capacity of DNA (Sept05-Feb07: 1,2 Mio EUR)

- IT equipment and software for the DNA (Until Nov06: 1,75 Mio EUR)

Transition Facility 2007:

- Enhancement of National Anticorruption Department Investigative Capacities (560,000 EUR)

Bilateral Projects:

Several individual advisory missions, seminars and study visits |

- Main Projects with a total budget of at least 6.5 MEUR

Benchmark 4: Local Corruption

Several large EU projects are being implemented or in preparation. Bilateral support shows a particular emphasis on the area of local corruption. Several projects have been implemented with central and local administration.

Phare 2004-2006:

- Improving the fight against corruption: Corruption Awareness among central and local public administration (since Nov06: 1,6 Mio EUR)

- Supply of IT equipment for the General Directorate for Anticorruption / Ministry of the Interior (Phare 2006: 0.3 MEUR)

- Strengthening administrative mechanisms and legislation to better foster and protect the public integrity system in public administration. (Phare 2006: 1.3 MEUR)

- Strengthening the fight against corruption on the preventive side (Phare 2006: 1 MEUR)

- Corruption in the Public Administration (Sept07-: 1,2 Mio EUR)

- Development of the Anti-corruption General Directorate of the Ministry of Interior and Administrative Reform (MIRA) (Jun07-Jul08: 1,1 Mio EUR)

Transition Facility 2007:

- Building Civil Society Support against Corruption (2,5 Mio EUR)

- Bringing Anti-Corruption Capacities in the Ministry of Internal Affairs up to EU Standards (250,000 EUR)

- Strengthening the Capacity to Fight Economic and Financial Crime (200.000 EUR)

Bilateral Projects

Resident adviser on corruption with MoI (until Jun08) |

Improving Transparency and Accountability of Local Government (ended Aug07: 135,000 EUR) Tackling corruption within the Customs Administration (ended Jul07: 52,500 EUR) Reducing corruption within the Health Sector (until Mar08: 58,500 EUR) National Integrity Centre (ended Aug07: 115,000 EUR) |

Romanian Youth Versus Corruption; Together against corruption; Anti-corruption educational campaign (Integrity Centres) Improving Romanian local government integrity (MPP) (04-06: 320,000 EUR) Regional Transparency Councils |

- Main Projects with a total budget of at least 9.9 MEUR

[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).

[2] The Commission reported for the first time on 27 June 2007COM(2007)378 final

[3] The action plan can be consulted on the following website : http://www.just.ro/Portals/0/Right_Panel/Plan%20de%20actiune/plan_actiune_en_21122007[1].pdf

[4] This strategy shall be running until 2012 and is reflected in the Action Plan. It will be implemented by a working group appointed by SCM.

[5] Through amendment of law 3O4 the requirement for the council of the National Institute of the Magistracy (NIM) to agree on nominations and revocations of the NIM senior management was abolished.

[6] The interview procedure is now abolished through GEO 100/2007 with applicability as of 1 June 2008.

[7] Activity 1.4 of part V of the Action Plan. In addition a new organizational chart of the Public Ministry was approved (Order no. 2477/C/1.10.07) .

[8] There is no practice of systematic prior consultation of the SCM by the Minister of Justice on key legislation for the judiciary. Such systematic consultation would allow the SCM to better exercise its role of guardian of the Romanian judiciary.

[9] Action Plan part II, point 2.1).

[10] Law 144/207 of 25 May, 2007.

[11] To speed up the Agency's set up Government Emergency Ordinance no 138/6.12.2007 was adopted.

[12] During June 1st and October 31st, 2007, 148 defendants were indicted by DNA in 64 files. In the same period the courts rendered 31 non-final conviction decisions regarding 53 defendants in DNA cases. 22 final decisions were rendered by courts regarding 31 defendants. Final acquittals were rendered in the same reference period regarding 10 defendants.

[13] By Government Ordinance no 95 of 4 October 2007, promoted by the former Minister of Justice the procedure for lifting procedural immunity of ministers had been amended in the sense that the existing advisory committee had been replaced by a new committee consisting of judges. This law was declared unconstitutional by the Romanian Constitutional Court. Following the resignation of the Minister of Justice who is himself implicated in one of the eight cases and the nomination of an interim minister in January, the President lifted the immunity of all defendants in January.

[14] The main rationale is non-respect by the prosecution (DNA) of a new judgement of the Constitutional Court on the withdrawal of immunity of the defendants which requires withdrawal of immunity also for previous members of government. This new judgement was however rendered after the respective procedures were launched by DNA.

[15] Relative nullity sanctions procedural infringements that have not caused fundamental damage to basic rights and can be repaired. In the case of absolute nullity and infringement of e.g. basic rights of the defendant repair is not possible and the case is sent back to the prosecution to redo the investigation..

[16] In case the law on the amendments is voted in favour a second time, presidential promulgation becomes obligatory under art 77 of the Romanian Constitution.

[17] Failure to conform would result in the nullity of the investigation.

[18] Government Ordinance no 47 of August 28, 2007.

[19] A public awareness campaign improving the fight against corruption took place between October 2007 and January 2008.

[20] To which degree these changes will still allow for a partnership with Civil Society and continue to provide a service on the follow-up of corruption signals could not be established.

[21] This initiative represents the main measure proposed in the Action Plan under benchmark 4, see activity number 5.

[22] PHARE alone has made available over 187 MEUR to justice and home affairs in Romania since 2004. The Transition Facility will be implemented until 2010. In the framework of the structural funds, specific attention and support is given for setting-up of a sound and transparent financial management of EU funds which is a process linked to the fight against corruption. Technical assistance will be provided for project monitoring, evaluation and control, as well as for developing of an effective Single Management Information System able to provide also transparent information on fund interventions and absorptions. TAIEX organized a substantial number of activities in the area of justice and home affairs in Romania and still keeps budget available for activities in the future.

[23] In order to identify possible assistance gaps and to ensure that a full range of support is available, relevant EU and bilateral assistance provided to Romania since 2004 is summarized in a list attached to this report. The list has been established on the basis of information available within the Commission and on the basis of information communicated by Member States. Not all data on individual projects could be listed and aggregated data has been given preference to allow better readability. However, the full available set of information has been shared with Romania and the suggestions in this chapter have been discussed with the Romanian authorities and are supported by them.

[24] Action Plan: benchmark 4, activity 5.

[25] Some legal and political initiatives pursued in fact, contradict the objectives foreseen in the Action Plan. In addition, the Action Plan omits the key issue of legal and institutional stability of the anti-corruption framework (benchmark 3) The plan also misses an indication of when and if sector strategies to replace those which have recently expired on judiciary reform and anti-corruption will be prepared. For local corruption (benchmark 4), the Action Plan does not provide sufficient detail. The Action plan also introduces some activities and indicators that seem not sufficiently targeted to deliver the intended result. This relates in particular to indicators such as media leaks on confidential information (BM 3; chapter I, point 1.2). A study on the individualisation of penalties for corruption offences (BM 3; chapter II, point 1) can only be a first step in addressing the problem of possible leniency in judging high-level corruption as mentioned by the Commission's CVM report of 27 June 2007. The Action Plan should be continuously updated and performance against its indicators should be rigorously monitored by a strong central operational coordination mechanism.

[26] PHARE: Budgetary figures include Romanian national co-financing.

Bilateral Projects: Only larger bilateral projects are taken up in this list. In addition, various assistance missions, study visits and smaller activities have taken place.