Romanian parliament adds obstacles to fight against graft

The Romanian Parliament

Romanian members of parliament voted overwhelmingly yesterday (22 January) to boost their immunity from prosecution, a move set to annoy a European Commission already exasperated by Romania's hesitant efforts to tackle high-level corruption. An EU report on Romania under the cooperation and verification mechanism is expected next week.

The deputies approved changes to a law that regulates their activity, lowering their housing and transport allowances but also making it harder for prosecutors to investigate them for graft or conflict of interest.

Romania's European Union partners have its justice system under close scrutiny and last year expressed concerns over the rule of law when the ruling leftist alliance tried to impeach the country's president. The EU has also kept Romania out of its passport-free Schengen area.

Romanian prosecutors need parliament's approval to launch a criminal probe against MPs.

Under the previous rules, parliament's legal committees would assess the requests and issue a non-binding approval or rejection before a mandatory vote in the chamber.

With the changes approved on Tuesday, parliament would not need to vote if the committees reject the requests from prosecutors.

"This means those prosecutors' requests that are rejected will never see the light of day," said Laura Stefan, a legal specialist at the Expert Forum think tank. "The process is likely to be blocked in the committees."

Lower house speaker Valeriu Zgonea said some of the changes, such as a ban on deputies hiring relatives, mirrored regulations for European MPs and were taken after consultation with state institutions, according to comments carried by local media.

Graft body’s powers curtailed

Another change approved by the deputies softens the powers of the National Integrity Agency (ANI), an anti-graft watchdog set up after Romania joined the EU in 2007 to investigate the wealth and potential conflicts of interest among politicians.

The work of the agency has won praise in Brussels.

ANI discovered that 42 lawmakers had conflicts of interest or amassed dubious wealth in the four years up to 2012.

Deputies who amassed conspicuous wealth or faced conflicts of interest would automatically lose their seat if they did not provide evidence to ANI. Now, MPs can hold on to their post until a final court ruling on their case, which in Romania's cumbersome legal system could take years.

"I expect these changes will feature prominently in the European Commission's [justice monitoring] report and … that our Schengen entry will be postponed for a long time," said Sergiu Miscoiu, an analyst with the CESPRI political think tank.

"Then there are risks to Romania's trust and credibility within the EU, which are already very low, and … perhaps that will also hurt investment," said Miscoiu.

Six years after joining the EU, Romania has made little progress in reforming its state-dominated economy and fighting widespread corruption.

Previous justice monitoring reports have criticised parliament for trying to thwart criminal inquiries. Between 2006 and 2012, anti-corruption prosecutors put 23 lawmakers and 15 ministers and deputy ministers on trial.


When Romania and Bulgaria joined the EU on 1 January 2007, shortcomings remained regarding judicial reform and the fight against corruption. In the case of Bulgaria, problems also remained regarding the fight against organised crime.

A Cooperation and Verification Mechanism (CVM) was set up to assist both countries with judiciary matters after their EU accession.

The European Commission expressed concern about the ongoing political infighting in Romania in its most recent CVM report.

The 18 July report 2012 questioned the country’s ability to comply with the EU's fundamental principles and the sustainability and irreversibility of reform. Commission President José Manuel Barroso said that the political feuds in Romania had "shaken EU's trust" in the country.

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