WRITTEN QUESTION E-0704/02

by Charles Tannock (PPE-DE) to the Commission

(13 March 2002)

Subject: The independence of the Romanian judiciary

The political criteria for accession to be met by the candidate countries, as laid-down by the Copenhagen European Council in June 1993, stipulate that these countries must have achieved stability of institutions guaranteeing, inter alia, democracy and the rule of law.

In its November, 2001 Regular Report on Romania's progress towards accession, the Commission says that Romania continues to fulfil the Copenhagen political criteria.

Later, in its assessment of the country's judicial system, the Commission indicates that additional reforms are still necessary and should include measures to further guarantee the independence of the judiciary

Does the Commission regard these statements as in any way contradictory?

Answer given by Mr Verheugen on behalf of the Commission

(30 April 2002)

The Commission considers that Romania continues to fulfil the political accession criteria as defined by the Copenhagen European Council of 21 and 22 June 1993, and in particular the first criterion: that the candidate country has achieved stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities.

The Honourable Member will recall that the Union Heads of state and government invited Romania and five other Candidate Countries to start negotiations on the occasion of the Helsinki European Council of 10 and 11 December 1999. In their conclusions they stated that the European Council recalls that compliance with the political criteria laid down at the Copenhagen European Council (of 21 and 22 June 1993) is a prerequisite for the opening of accession negotiations and that compliance with all the Copenhagen criteria is the basis for accession to the Union.

The Commission is fully aware of the fact that Romania needs to continue to make progress in areas falling under the political criteria and is following and assessing the situation closely, among others via its yearly regular reports.

The conclusion that Romania continues to fulfil the political criteria is based on an assessment which takes into consideration a number of different factors and developments in several different areas. One such area of particular importance is the independence of the judiciary. It is true that in the 2001 Regular Report the Commission indicates that additional reforms are still necessary and should include measures to further guarantee the independence of the judiciary. However, it should also be taken into account that the Romanian authorities have identified the existing shortcomings and have taken commitments aiming at strengthening the independence of the judiciary.

The Romanian authorities are thus currently engaged in a process of reform of the judiciary. From its side the Commission continues to provide technical and financial assistance (notably through projects financed under the PHARE programme) in order to support Romania in its efforts to strengthen the functioning of its judicial system.

Negotiations on chapter 24 of the acquis Cooperation in the fields of Justice and Home Affairs with Romania are due to start soon. The functioning of the judiciary is one of the subjects that will be addressed under this chapter.

The Commission considers this approach to be the best guarantee for a successful preparation of Romania's accession to the Union.