Actions taken by Romania’s High Court criticized under EC’s Rule of Law report

Lower courts have continued to close corruption cases and annul convictions, including in high-level ones, following rulings by the High Court of Cassation and Justice (ICCJ) on the statute of limitations, according to the Rule of Law report 2026 published by the European Commission on July 17. On the day before, the Court of Justice of the EU concluded that the 2022 ICCJ’s ruling mentioned by the EC in its report “generated a systemic risk of impunity for fraud,” according to G4media.ro.

Romania’s High Court came under the EC's criticism once again in relation to its decision to dismantle the committee set up by the government for evaluating the justice laws.

“A reflection on various concerns related to the judiciary in public debates has been put on hold following a decision of the High Court of Cassation and Justice,” the report reads.

The EC recommends the government’s commission to resume work.

“It is therefore recommended to Romania to take forward the evaluation of the implementation of the Justice Laws in close consultation with relevant stakeholders, including as regards measures to further improve the effectiveness and governance of the judiciary,” the report recommends.

A third issue spotted by the EC in its Rule of Law report 2026 regards the independence of prosecutors and the prosecution of corruption among magistrates. Two separate recommendations were issued based on limited progress in the two areas.

There has been no progress yet to strengthen safeguards to ensure the independence of high-ranking prosecutors and for the organisation and functioning of the judicial police, as the reflection on various aspects related to the judiciary has been put on hold. It is therefore recommended that Romania to step up the legislative work to strengthen safeguards to ensure the independence of high-ranking prosecutors and for the organisation and functioning of the judicial police. 

There has been no further progress to ensure the effective investigation and prosecution of corruption offences in the judiciary, as no measures were taken to address remaining shortcomings. It is recommended that Romania take measures to ensure effective investigation and prosecution of criminal offences in the judiciary, including as regards corruption offences.

Romania’s top magistrates’ body rejects EC’s criticism.

On Friday, July 17, after the European Commission published the Rule of Law Report, the Superior Council of Magistracy (CSM) stated that the analysis does not confirm the "deeply distorted representations" in the political and media discourse over the past year. On the other hand, the magistrates accused the European report of "also containing information that is not in line with reality."

iulian@romania-insider.com

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