The Romanian face of justice

In the aftermath of the report issued by the European Commission on the Romanian justice system and fight against corruption, many comments and interpretations have emerged in the Romanian press . This was to be expected. One of the most prominent debates stirred by the report these days is about the re-confirmation of Daniel Morar as Chief Attorney of the National Anticorruption Directorate (DNA). (more here, here and here)

His mandate is due to expire on August 12 and various scenarios have been voiced in the media that all aim at Morar’s replacement.  The Social- Democrats (PSD) want to change the procedural rules that regulate the appointment of the head of DNA. The Liberals, that for a while now have, more openly than not, sided with the Social-Democrats (yes, Romania is definitely not a good case study of political doctrines!), are also opposing Morar’s second term. Fears of being prosecuted for corruption, as well as the quasi-paranoid assumption that the DNA (and implicitly its leader) is a political tool of President Basescu can be traced as the main roots of these positions.

One should not forget that this discussion takes place only few days after the Commission harshly criticized Romania precisely for the politicization of the justice system and fight against corruption. So, as could be imagined, all this political maneuvering is not at all well seen in Brussels. The Commission is probably remembering the case of Monica Macovei, former Minister of Justice, who was also becoming “uncomfortable” for some parts of the political arena, and therefore had to leave her position, notwithstanding the great appreciation and support she had in Brussels.

A clear sign that the Commission has had enough is the declaration made by the EC spokesman Mark Gray on the topic:

We have seen the comments published by the Romanian media, quoting so-called sources in Brussels, referring to the reconfirmation of Morar as head of DNA. Our position is very clear. We expect the reform process to go forwards, not backwards. We constantly emphasized the good DNA results and the importance of institutional stability in investigating files and in initiating investigations in high-level corruption cases. Reconfirming the chief prosecutor will be a test for the renewed commitments of Romanian authorities

Usually the European Commission does not interfere in questions regarding the staffing policy of Romanian institutions. But they do it in cases where they see that there is a real danger of a deterioration. The intervention will, surely, be criticized by the Social- Democrats and Liberals, as biased and outside the scope of the Commission’s mandate. But the Commission probably realised that its neutral approach leaves too much room for interpretation to Romanian politicians.  By putting aside the diplomacy for a moment and calling the facts by their name, the Commission is increasing the pressure on Romania. Controversial as it may seem, this attitude might prove to be the only “mild” weapon the Commission has left before it starts deploying its artillery of sanctions and safeguard clauses.

Written by Anda