WRITTEN QUESTION E-0704/02 by Charles Tannock (PPE-DE) to the Commission. The independence of the Romanian judiciary.
Date: 2002-03-13
Institutions: European Parliament, Provisional data
Subjects: Romania, accession to the European Union, independence of the judiciary, interinstitutional relations (EU), judicial reform

12.12.2002

EN

Official Journal of the European Communities

C 309 E/39

specifying the impact for each physical agent. This study was primarily based on the situation in Germany
and its findings were found valid for the whole Union by an expert group composed of specialists from all
Member States both in physical agents and impact assessment.

A copy of this study is sent direct to the Honourable Members and to the Parliament’s Secretariat.

The Commission is of the opinion that this impact assessment study is still valid for all the physical agents
treated therein.

Concerning the general question about the assessment of costs to business, the Honourable Members are
certainly aware that the Commission has a business impact assessment (BIA) system in place since 1986,
which applies to all legislative proposals likely to have significant impact on business. Further to a number
of identified shortcomings, including an unsatisfactory level of quantification of costs to business, the BIA
system has recently been reviewed in a pilot project. The conclusions of the BIA pilot project, which were
presented in March 2002 (2) not only include recommendations on how to improve the assessment of
impacts of legislation on business, including how to collect and validate data, but also on success factors
impact assessment methodology in the Commission, as outlined in the
for a new, coherent
Communication to the Laeken European Council
(14 and 15 December 2001) on simplifying and
improving the regulatory environment (3). As part of its wider efforts in the field of better regulation, such
a new impact assessment system,
incorporating social, environmental, health and economic impacts,
including business ones, will be presented in the form of a Communication, alongside the upcoming action
plan for simplifying and improving the regulatory environment, foreseen for June 2002.

These developments testify that the Commission is not only highly committed to continue to assess, in a
proportionate manner, the costs and benefits of proposed regulatory measures on all affected parties,
including business but is also about to conclude the adaptation of its overall impact assessment strategy in
the light of the Lisbon strategy and the conclusions of the Gothenburg European Council (15 and 16 June
2001).

(1) OJ C 147 E, 20.6.2002, p. 132.
(2) Available at http://europa.eu.int/comm/enterprise/regulation/bia/ppbia_en.htm.
(3) COM(2001) 726 final.

(2002/C 309 E/044)

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?

C 309 E/40

Official Journal of the European Communities

EN

12.12.2002

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
‘that the
Copenhagen European Council of 21 and 22 June 1993, and in particular the first criterion:
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.

(2002/C 309 E/045)

WRITTEN QUESTION E-0714/02

by Fernando Fernández Martín (PPE-DE) to the Commission

(14 March 2002)

Subject: Death of Jonas Savimbi

Recent events in Angola, with the removal of Jonas Savimbi from the Angolan stage, could determine
future developments in the country ravaged by decades of warfare.

What is the Commission’s assessment of Mr Savimbi’s death, and what initiatives is it planning to take to
encourage the peace process and speed up the reconstruction of the country?

Answer given by Mr Nielson on behalf of the Commission

(30 April 2002)

The Commission welcomes the signing, on 4 April 2002, of an official ceasefire between the Angolan
army and UNITA, which comes six weeks after the death of
in
conformity with the Union Common Position on Angola of 19 June 2000 (2000/391/CFSP) (1), will
continue to encourage national reconciliation and the organisation of free and fair elections as soon as

Jonas Savimbi. The Commission,