Justice, the chance of Romania’s future in Europe Romania is not enjoying the full rights as EU citizen. Our country joined EU in 2007 but is not yet part of the Schengen Treaty which abolishes border controls within this Union and which could ensure freedom of movement for all EU citizens. The removal of border controls was achieved with an effort made towards coordination and harmonization of police and judicial activity to contrast transnational organized crime. But to gain admission in the Schengen Treaty, Romania has to undergo a drastic restructuring of the Rule of Law system to prove its capability in fighting corruption and thriving criminal organizations. Bucharest has implemented a serious program of reforms and has developed efficient anti-corruption mechanisms. An effort against transnational criminal organizations and abuse of power in the administration is still necessary, but the judicial system and the other security institutions seem to be solid enough for the task of watching after the EU border. When Romania joined EU, the necessity of strict reforms in the justice sector, firmer stand against criminal organizations and corruption resulted in the establishment of the Cooperation
Romania is not enjoying the full rights as EU citizen. Our
country joined EU in 2007 but is not yet part of the Schengen
Treaty which abolishes border controls within this Union and which
could ensure freedom of movement for all EU citizens. The removal
of border controls was achieved with an effort made towards
coordination and harmonization of police and judicial activity to
contrast transnational organized crime. But to gain admission in
the Schengen Treaty, Romania has to undergo a drastic restructuring
of the Rule of Law system to prove its capability in fighting
corruption and thriving criminal organizations. Bucharest has
implemented a serious program of reforms and has developed
efficient anti-corruption mechanisms. An effort against
transnational criminal organizations and abuse of power in the
administration is still necessary, but the judicial system and the
other security institutions seem to be solid enough for the task of
watching after the EU border. When Romania joined EU, the necessity
of strict reforms in the justice sector, firmer stand against
criminal organizations and corruption resulted in the establishment
of the Cooperation and Verification Mechanism (CVM). Under this
CVM, the EU Commission reported every six months on the progress of
judicial reforms, assessing that despite the wide array of reforms
undertaken, there is still a long way ahead in establishing a fully
functioning rule of law system. However, various European
governments opposed the admission of Romania in the Schengen
area.The most important issues in Romania are, firstly, the
existence of criminal organizations and secondly, a widespread
corruption which makes it the second worst EU country after
Bulgaria in terms of perceived corruption. The latest Europol
threat assessment underlines a wide variety of concerns regarding
the criminal environment in Romania. According as well to Europol
Romanias criminal networks are the most active in the trafficking
in human beings.In 2006, the Commission has set a system of
benchmarks that have to be fulfilled by the Schengen aspiring
members. The CVM has evaluated progresses and made reports on this,
but some major issues remained unsolved. What concerns Romania, the
CVM found that a significant progress was registered in improving
the effectiveness of judicial process thanks to the implementation
of the Small Reform Law directed to enhance performances of
prosecutors. Meanwhile, the government has adopted a legal basis
for the establishment of a National Integrity Agency to provide an
evaluation of ongoing investigations and conduct an impact analysis
of Romanias anti-corruption policy. Accordingly, EU registered good
performances in prosecuting high-level corruption cases and in
increasing the number of convictions. The main task facing
anti-corruption efforts in Romania is the drafting and adoption of
an efficient legislation to ensure accountability and avoid
conflict of interest in the management of public funds.Romanias
chances to get the Schengen membership depend on the upcoming EU
Commission report. If the report is negative, countries like the
Netherlands and Germany that are opposed to the admission of
Romania into the Schengen area could use the results as an argument
against the countrys entry. The issue is expected to be debated at
the next EU Justice and Home Affairs Council. In case Romanias gets
green light, it might join the Schengen bloc in a two-step
admission procedure suggested by France and Germany: sea and air
borders in the first phase and land borders afterwards.Therefore,
Romania needs to continue as well its structural reforms, to fight
against corruption and improve the independence of the justice
system.
