Bulgaria and Romania rebuffed over corruption and justice reform

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The two newest EU entrants have escaped looming sanctions, but were given a rebuke from the EU for having made insufficient progress in justice reform and the fight against corruption.

The progress reports on Bulgaria and Romania, issued on 27 June 2007 conclude that “progress in the judicial treatment of high-level corruption is insufficient”. However, the Commission finds that it is too early to trigger or remove the threat of sanctions against the two countries.

“While safeguard clauses are not being proposed by the Commission at this stage, we will remain vigilant. The further changes that are necessary require a long-term commitment,” Commission President José Manuel Barroso stated.

The Commission said that Bulgaria had adopted important constitutional reforms and “showed good will and determination”, but needs to step up efforts to implement reforms. The report certifies “insufficient progress” for Bulgaria in the areas of high-level corruption and organised crime. The document notes that “‘contract killings’ continue to be of great concern” and that “to date no prosecution and conviction has taken place”.

It also said it was satisfied about Romania’s progress in tackling judicial reform, local-government corruption and setting up a national integrity agency. However, it points out that there are still efforts to be made and that progress regarding high level corruption is “insufficient”.

Romania is currently investigating two former prime ministers and two former ministers over corruption allegations.

Some commentators were surprised by the report’s softened tone and criticised that even in areas where there has been hardly any progress, the Commission certified that the two countries “largely met the benchmarks”.

But Freedom, Security and Justice Commissioner Franco Frattini underlined that he wanted to send out the right message to the populations of Bulgaria and Romania. He said: “It is not a blaming and shaming exercise. It is an honest report highlighting what the two governments should do.”

However, the Commission is not letting Bulgaria and Romania completely off the hook. It will continue to follow their progress and keep up the threat of sanctions, such as the non-recognition of court judgements, until mid-2008. Frattini said that the Commission would not shy away from making use of the safeguards if the two countries were “failing to make progress and meet the benchmarks”.

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Romanian Prime Minister Calin Popescu Tariceanu judged that the report was "fair" and promised to continue reform efforts. He added: "The report shows that we are treating these issues very seriously. Many of the requested measures are in the process of being taken and there will be more progress soon."

Bulgarian Europe Minister Gergana Grancharova welcomed the Commission’s decision not to apply safeguard clauses to Bulgaria and said the way forward was through "work, partnership and trust".

Liberal MEP Graham Watson said: "While I am glad that safeguards have not been invoked at this stage, the serious areas of persistent concern highlighted by the Commission point to a need of continued vigilance and honesty."

EPP-ED group Chairman Joseph Daul MEP welcomed the Commission's decision not to apply safeguard clauses to Romania, but added: "Becoming a member of the EU does not mark the end of work. Many things are yet to be achieved, but we hope that the country will continue its reform process and make quick progress."

Transparency International Regional Director Miklos Marschall said: "An EU that works must be free of corruption. The fight against corruption in Romania and Bulgaria is a question of the integrity of the entire European Union. It’s critical."

Transparency International EU Policy Officer Rune Rasmussen added: "It is a cruel irony that the EU has maximum leverage in questions of corruption performance before accession, but once countries are in the Union, where money, goods, people – and problems - can move freely, the influence drops to almost zero. This has to change."

When Bulgaria and Romania joined the EU on 1 January 2007, the Commission made clear that there was still work to be done for the two countries to meet the necessary EU requirements.

Otherwise, the Commission may decide to make use of special safeguards. Such safeguards are included in the Accession Treaties and can be invoked against new member states as a last resort, which could lead to a refusal to recognise court decisions or cuts to EU funds.

The current report is part of a "Co-operation and Verification Mechanism" replacing the monitoring system since 1 January, and looks in particular at the progress made in the areas of judicial reform, organised crime and the fight against corruption.

A Commission report later this year is to assess the two countries’ ability to administer and absorb regional funds and agricultural subsidies. Insufficient readiness could lead to the withholding of EU aids.

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