COMMISSION STAFF WORKING DOCUMENT 2024 Rule of Law Report Country Chapter on the rule of law situation in Romania Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2024 Rule of Law Report The rule of law situation in the European Union
Date: 2024-07-24
Institutions: European Commission, Secretariat-General
Subjects: Romania, administrative transparency, corruption, democracy, freedom of the press, independence of the judiciary, infringement of EU law, pluralism in the media, rule of law, whistleblowing

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 24.7.2024  SWD(2024) 823 final  COMMISSION STAFF WORKING DOCUMENT 2024 Rule of Law Report        Country Chapter on the rule of law situation in Romania Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2024 Rule of Law Report                  The rule of law situation in the European Union {COM(2024) 800 final} - {SWD(2024) 801 final} - {SWD(2024) 802 final} - {SWD(2024) 803 final} - {SWD(2024) 804 final} - {SWD(2024) 805 final} - {SWD(2024) 806 final} - {SWD(2024) 807 final} - {SWD(2024) 808 final} - {SWD(2024) 809 final} - {SWD(2024) 810 final} - {SWD(2024) 811 final} - {SWD(2024) 812 final} - {SWD(2024) 813 final} - {SWD(2024) 814 final} - {SWD(2024) 815 final} - {SWD(2024) 816 final} - {SWD(2024) 817 final} - {SWD(2024) 818 final} - {SWD(2024) 819 final} - {SWD(2024) 820 final} - {SWD(2024) 821 final} - {SWD(2024) 822 final} - {SWD(2024) 824 final} - {SWD(2024) 825 final} - {SWD(2024) 826 final} - {SWD(2024) 827 final} - {SWD(2024) 828 final} - {SWD(2024) 829 final} - {SWD(2024) 830 final} - {SWD(2024) 831 final}  
 
 
ABSTRACT 

On  15  September  2023,  in  line  with  the  2006  decision  setting  up  the  Cooperation  and 
Verification Mechanism (CVM), the Commission formally closed the CVM, as Romania had 
satisfactorily fulfilled all the benchmarks and all recommendations set under the mechanism. 
Monitoring continues under the Rule of Law report, as for all EU Member States. 

Steps  were  taken  to  complete  the  process  initiated  in  view  of  taking  into  account  the 
recommendations  of  the  Venice  Commission  on  the  Justice  Laws,  with  the  focus  now  on 
implementation. A number of the disciplinary sanctions imposed by the Superior Council of 
the Magistracy have been annulled by the High Court of Cassation and Justice, showing that 
redress continues to be efficient. Efforts are ongoing to ensure adequate human resources for 
the  justice  system,  although  for  the  time  being  there  are  still  a  number  of  vacancies  which 
could,  over  time,  affect  the  quality  and  efficiency  of  justice.  Significant  efforts  have  been 
made to improve digitalisation within the justice system. Several additional steps have been 
taken to ensure the effective implementation of the Justice Laws. 

The  implementation  of  the  2021-2025  Anti-Corruption  Strategy  remains  on  track.  The 
authorities  maintain  a  positive  track  record  in  combating  corruption,  including  as  regards 
high-level  corruption  cases.  However,  the  delayed  legislative  response  on  the  statute  of 
limitations continued to result in the closing of many corruption cases and the annulment of 
convictions. There have been further steps taken as regards the system for investigating and 
prosecuting  corruption  offences  in  the  judiciary.  A  proposal  to  update  the  integrity 
framework  has  been  submitted  to  the  Ministry  of  Justice,  but  it  does  not  cover  revolving 
doors. There have been no further steps taken on introducing rules on lobbying for Members 
of  Parliament.  The  National  Integrity  Agency  continued  to  work  efficiently  on  conflicts  of 
interest,  asset  declarations  and  whistleblowing.  The  adoption  of  legislation  to  improve  the 
transparency  of  political  party  financing  remains  pending.  Public  procurement  remains  a 
sector with a high risk of corruption, and as it is a high priority sector, steps are being taken 
to identify which areas and procedures are most prone to corruption in public procurement. 

The  functioning  and  effectiveness  of  the  National  Audiovisual  Council  is  expected  to  be 
improved with the update of its technology systems. While information on the shareholding 
structure of companies holding audiovisual licenses is now public, it still appears difficult for 
the  general  public  to  know  who  ultimately  owns  media  companies  beyond  the  audiovisual 
sector.  There  is  still  a  need  to  enhance  the  independent  governance  and  editorial 
independence of public service media and lack of funding makes it difficult for public TV to 
fulfil  its  public  service  mandate.  Despite  a  strong  legal  framework  and  the  application  of 
penalties,  some  political  parties  are  reported  to  have  increased  their  financing  of  private 
media  for  political  advertising.  The  legal  framework  on  access  to  information  has  not  yet 
improved.  Threats  and  instances  of  harassment  against  journalists  remain  an  issue,  and 
commercial pressure on editorial independence affects journalists’ work.  

Efforts  are  still  needed  to  ensure  effective  public  consultations  as  shortcomings  persist. 
Considerable efforts are being made to increase the quality and transparency of the decision-
making  process;  the  government  is  still  making  frequent  use  of  emergency  ordinances,  but 
their  number  is  decreasing.  Positive  steps  have  been  taken  to  obtain  accreditation  for  two 
National  Human  Rights  Institutions.  Draft  legislation  and  an  upcoming  new  strategy  could 
contribute to improve the situation of civil society organisations, which continue to face legal 
and financial challenges. 

1 

 
 
RECOMMENDATIONS 

Overall,  concerning  the  recommendations  in  the  2023  Rule  of  Law  Report,  Romania  has 
made: 

•  Some  further  progress  on  completing  the  process  initiated  to  take  into  account  the 

recommendations in the opinion of the Venice Commission on the Justice Laws. 

•  Some  further  progress  on  ensuring  adequate  human  resources  for  the  justice  system, 
including  for  the  prosecution  services,  taking  into  account  European  standards  on 
resources for the justice system. 

•  Some  progress  on  taking  measures,  in  particular  at  an  operational  level,  to  address 
remaining  concerns  about  the  investigation  and  prosecution  of  criminal  offences  in  the 
judiciary,  including  as  regards  corruption  offences,  taking  into  account  European 
standards. 

•  No progress on introducing rules on lobbying for Members of Parliament. 
•  No  progress  on  strengthening  the  rules  and  mechanisms  to  enhance  the  independent 
governance  and  editorial  independence  of  public  service  media  taking  into  account 
European standards on public service media. 

•  No  further  progress  on  ensuring  effective  public  consultations  before  the  adoption  of 

legislation. 

•  Some  progress  on  obtaining  the  accreditation  of  a  National  Human  Rights  Institution 

taking into account the UN Paris Principles. 

On this basis, and considering other developments that took place in the period of reference, 
and  in  addition  to  recalling  the  relevant  commitments  made  under  the  Recovery  and 
Resilience Plan, it is recommended to Romania to: 

•  Complete the process initiated in view of taking into account the recommendations of the 
Venice Commission on the Justice Laws, including through consultations and evaluations 
in view of further improving the Justice Laws at a next opportunity.  

•  Continue efforts to ensure adequate human resources for the justice system, including for 
the  prosecution  services,  taking  into  account  European  standards  on  resources  for  the 
justice system.  

•  Take measures, in particular at an operational level, to ensure efficient investigation and 
prosecution  of  criminal  offences  in  the  judiciary,  including  as  regards  corruption 
offences, taking into account European standards. 
Introduce rules on lobbying for Members of Parliament. 

• 
•  Step  up  efforts  to  strengthen  the  rules  and  mechanisms  to  enhance  the  independent 
governance  and  editorial  independence  of  public  service  media  taking  into  account 
European standards on public service media. 

•  Step up efforts to ensure effective public consultations before the adoption of legislation. 
•  Take  forward  the  process  for  obtaining  accreditation  for  two  National  Human  Rights 

Institutions, taking into account the UN Paris Principles. 

2 

 
 
 
 
I. 

JUSTICE SYSTEM  

The Romanian justice system is structured in four instances, both civil and military: the first 
instance  county  courts,  the  ordinary  and  specialised  tribunals,  the  courts of  appeal1  and  the 
High  Court  of  Cassation  and  Justice.  The  High  Court  of  Cassation  and  Justice  judges  first 
instance and appeal criminal cases for certain categories of persons2, as well as appeal cases 
for certain civil  and  administrative cases. A  fundamental  role of this  Court is  to  ensure the 
uniform interpretation and application of the law by the other courts. The Superior Council of 
Magistracy  (SCM),  tasked  with  guaranteeing  judicial  independence,  is  divided  into  two 
sections,  the  section  for  judges  and  the  section  for  prosecutors.  Each  section  has  exclusive 
competence  for  the  recruitment  and  management  of  the  career  of  judges  and  prosecutors 
respectively  and  acts  as  a  disciplinary  court.  The  prosecution  service  is  headed  by  the 
Prosecutor General of the Public Prosecutor’s Office attached to the High Court of Cassation 
and  Justice  (HCCJ).  The  Public  Prosecutor’s  Office  includes  specialised  structures  with 
special  jurisdiction  and  organisation,  the  National  Anti-Corruption  Directorate  (DNA)  and 
the Directorate for Investigation and Combating Organised Crime and Terrorism (DIICOT), 
led by chief prosecutors3. There are also military prosecutorial offices. Romania participates 
in  the  European  Public  Prosecutor’s  Office  (EPPO).  The  Romanian  National  Union  of  Bar 
Associations is a legal entity of public interest, comprising all 41 bars in Romania. 

Independence  

The level of perceived judicial independence in Romania continues to be average among 
both the general public and companies. Overall, 52% of the general population and 56% of 
companies perceive the level of independence of courts and judges to be ‘fairly or very good’ 
in  20244.  The  perceived  judicial  independence  among  the  general  public  has  slightly 
increased in comparison with 2023 (51%) and has increased in comparison with 2020 (37%). 
The perceived judicial independence among companies remains at the same level as in 2023 
(56%) and is still higher than in 2020 (53%)5. 

1   Courts of appeal judge at both first instance (more complex cases) and second instance, in appeals against 

decisions handed down by the lower courts. 

2   The  Criminal  Section  of  the  High  Court  of  Cassation  and  Justice  hears,  as  a  court  of  first  instance,  cases 
involving offences committed by senators, deputies, and Romanian members of the European Parliament, by 
members of the Government, by judges of the Constitutional Court, by members of the Superior Council  of 
Magistracy,  by  judges  of  the  High  Court  of  Cassation  and  Justice,  and  by  prosecutors  of  the  Prosecutor's 
Office attached to the High Court of Cassation and Justice. 

3   Prosecutors’ offices attached to the courts of appeal are headed by general prosecutors, and the ones attached 
to  the  tribunals  and  county  courts  are  led  by  first  prosecutors.  The  Prosecutor  General  and  the  Chief 
Prosecutors of the specialised structures, DNA and DIICOT, are appointed by the President of the Republic, 
upon a proposal of the Minister of Justice and after having received a non-binding opinion of the Superior 
Council of Magistracy.  

4   Figures 51 and 53, 2024 EU Justice Scoreboard, Figures 50 and 52, 2022 EU Justice Scoreboard. The level 
of perceived judicial independence is categorised as follows: very low (below 30% of respondents perceive 
judicial  independence  as  fairly  good  and  very  good);  low  (between  30-39%),  average  (between  40-59%), 
high (between 60-75%), very high (above 75%). 

5   58% of companies in Romania are either fairly or very confident that their investments are protected by the 
law  and  courts  in  the  Member  State.  26%  of  the  surveyed  companies  see  the  quality,  efficiency  or 
independence of justice as one of the main reasons for concern about investment protection in the country. 
Figure 55 and 56, 2024 EU Justice Scoreboard. See also OECD Economic Surveys: Romania (2024) on the 
need to improve court system efficiency to improve the business environment, p. 55. 

3 

 
 
Some further progress was made on completing the process initiated in view of taking 
into account the recommendations of the Venice Commission on the Justice Laws, with 
the focus now on implementation. The 2023 Rule of Law Report recommended to Romania 
to  ‘[c]omplete  the  process  initiated  in  view  of  taking  into  account  the  recommendations 
contained  in  the  opinion  of  the  Venice  Commission  on  the  Justice  Laws,  in  particular  by 
finalising the assessment being carried out by the panel of high-level experts’6. This panel of 
high-level  experts,  set  up  by  the  Ministry  of  Justice  to  analyse  how  to  implement  the 
recommendations  of  the  Venice  Commission  in  the  national  legislative  framework7, 
submitted its conclusions to the Ministry of Justice on 19 September 20238. The report was 
published online by the Ministry in February 20249. The conclusions presented by the panel 
of  high-level  experts  fully  support  the  Venice  Commission’s  second  recommendation  to 
lengthen high ranking prosecutors’ term in office, without the possibility of renewal, as well 
as the Venice Commission’s third recommendation that the Prosecutor General should not be 
able to declare unlawful or unfounded any measure ordered by the prosecutors10. The experts 
do  not,  however,  support  the  Venice  Commission’s  first  recommendation  to  introduce  a 
competitive  selection  procedure  for  deputy  managers  in  courts/prosecution  offices11.  They 
nonetheless  suggest  that  the  interview  of  the  candidate  with  the  SCM  be  compulsory.  As 
regards the Venice Commission’s fourth recommendation to explicitly provide in the Justice 
Laws  that  the  judicial  police  do  not  report  on  their  activity  to  the  Minister  of  Interior,  the 
experts  suggest  inserting  this  in  an  upcoming  law  that  would  regulate  the  organisation  and 
functioning of the judicial police12. The Ministry of Justice has indicated that its priority for 
now  is  to  ensure  the  stability  of  the  reform  and  the  implementation  of  the  Justice  Laws.  It 
considers that an evaluation of the Justice Laws is needed, together with the judiciary, before 
adjusting them, after a reasonable period of time of implementation and in light also of the 
judiciary  have  started14.  The 
expert  panel’s  conclusions13.  Consultations  with 

the 

6   2023 Rule of Law Report, Country Chapter on the rule of law situation in Romania, p. 2. 
7   2023 Rule of Law Report, Country Chapter on the rule of law situation in Romania, p. 6. 
8   And shared with the European Commission end of September 2023. 
9   The report is available at https://www.just.ro/raportul-panelului-pentru-justitie/.   
10   Recommendation  No.  2:  ‘The  Working  Party  recommends  a  variant  whereby  the  term  of  office  for  the 
functions listed in Article 144 (1) of Law No 303/2022 would be extended from three to five years, without 
the possibility of renewal’. Recommendation No. 3: ‘The Working Party considers it appropriate to remove 
the  possibility  for  the  Prosecutor  General  of  the  HCCJ  to  declare  unlawful  or  unfounded  any  measure 
ordered by the prosecutors in any case’.  

11   Recommendation  1:  ‘The  Working  Party  considers  that  the  current  procedure  for  the  selection  and 
appointment of judges and prosecutors to managerial positions other than those provided for in Article 150 
(1)  of  Law  No  303/2022  (Vice-Presidents  of  the  Courts/Deputy  Heads  of  Public  Prosecutor’s  Offices) 
presents  sufficient  elements  to  guarantee  transparency  and  to  aim  at  reducing  arbitrariness.’  and  that  the 
current  procedure  responds  to  the  need  ‘to  ensure  a  management  team  at  the  court/prosecution  level  that 
works and cooperates effectively in order to fulfil the managerial plan’.  

12   The  Justice  Laws  provide  for  this  special  law  to  be  adopted:  see  Art.  70(5)  of  the  Law  on  Judicial 
Organisation  provides:  ‘The  organisation  and  functioning  of  the  judicial  police  shall  be  established  by 
special  law’.  The  Ministry  of  Justice  confirmed  that  work  is  ongoing  on  drafting  this  law,  without 
confirming that a provision would provide for the amendment mentioned.  

13   As explained on its website, ‘The Ministry of Justice notes that the publication of the report of the Panel of 
Experts does not, at this stage, seek to reopen the public debate on the justice laws. The Ministry of Justice 
considers  that  an  evaluation  of  the  justice  laws  should  be  made,  together  with  the  judiciary,  after  a 
reasonable  period  of  time  after  the  implementation  of  the  justice  laws.  The  stability  of  these  reforms  is 
important and  the Ministry of Justice is fully committed to ensuring this stability for all matters within its 
competence’. See https://www.just.ro/raportul-panelului-pentru-justitie/.  

14   A  high-level  meeting  was  organised  on  10  October  2023  with  the  presidents  of  the  SCM  and  the  HCCJ. 

Information received in the context of the country visit to Romania by the Minister of Justice. 

4 

 
 
implementation of these recommendations would further improve the safeguards set down in 
the Justice Laws. As following  the publication of the  expert panel’s report, the Ministry of 
Justice  is  now  engaging  in  consultations  and  evaluations  in  view  of  further  improving  the 
Justice  Laws  at  a  next  opportunity,  some  further  progress  has  been  made  on  the 
recommendation made in the 2023 Rule of Law Report.  

Several  additional  steps  have been taken to ensure the effective implementation of the 
Justice Laws, which came into force in December 2022. The High Court of Cassation and 
Justice (HCCJ) was granted additional resources to implement its new task of managing the 
budget  for  all  judicial  instances,  thus  contributing  to  the  independence  of  the  judiciary15. 
Middle  management  prosecutors  were  appointed16  and  competitions  for  the  recruitment  of 
other  magistrates  were  organised17.  The  Plenum  of  the  Superior  Council  of  Magistracy 
(SCM)  elected  a  new  President  and  Vice-President18.  The  SCM  adopted  a  series  of 
regulations to implement the new procedures provided for in the Justice Laws19.  

A  number  of  disciplinary  sanctions  imposed  by  the  Superior  Council  of  Magistracy 
were subsequently annulled by the High Court of Cassation and Justice. The 2023 Rule 
of  Law  Report  took  note  of  concerns  regarding  some  cases  of  disciplinary  sanctions  in 
relation  to  certain  magistrates20.  According  to  stakeholders,  the  SCM’s  practice  does  not 
always follow the standards set by the HCCJ21 and a few disciplinary sanctions continue to 
raise concerns22. Redress through judicial review remains an efficient legal safeguard23, with 

15   The  HCCJ  request  to  supplement  its  own  personnel  scheme  with  60 positions  in  order  to  manage  its  new 
responsibilities  was  approved  by  Government  Decision  No.  419/2023.  Contribution  from  Romania  to  the 
2024 Rule of Law Report, pp. 4-5. See also pillar 1. 

16   Two procedures for the appointment of middle management prosecutors (1 - deputies of Prosecutor General 
of  the  Prosecutor’s  office  of  the  HCCJ  and  deputy  chief  prosecutors  of  DNA  and  DIICOT;  2  -  chiefs  of 
section in the Prosecutor’s office of the HCCJ, in the DNA and in DIICOT) were finalised and 13 positions 
were  filled.  In  two  instances  the  SCM  gave  a  negative  opinion  (SCM  opinions  are  consultative  and  non-
binding).  The  two  candidates  were  reinterviewed  according  to  the  procedure  established  by  law  and  the 
Minister of Justice confirmed their nominations. The interviews were made public.  Input from Romania to 
the 2024 Rule of Law Report, p. 3. Some magistrates' associations and NGOs consider that nominations in 
the judiciary are still ‘controlled by a handful of people’. Information received in the context of the country 
visit to Romania from Asociaţia ‘Iniţiativa pentru Justiţie’, Asociaţia Forumul Judecătorilor din România and 
Asociaţia  Miscarea  pentru Apărarea  Statutului  Procurorilor  and  contribution  from  Funky  Citizens  for  the 
2024 Rule of Law Report, p. 11. See also, on high level nominations, the 2023 Rule of Law report, p. 6 and 
footnote 19, in particular, on the Venice Commission Opinion.  

17   See pillar 1, part on quality. 
18   Contribution of the SCM, included in the input from Romania to the 2024 Rule of Law Report, p. 9. 
19   E.g.  the  Regulation  of  the  SCM  on  the  contest  for  admission  to  the  judiciary;  the  Regulation  on  the 
organisation  and  conduct  of  the  competition  for  the  appointment  of  judicial  inspector  in  the  inspection 
directorate for judges; etc. Written contribution from the SCM in the context of the country visit to Romania. 
On proposal from the Commission, the Council adopted its Implementing Decision 15833/23 amending the 
Implementing Decision of 29 October 2021, on the approval of the assessment of the recovery and resilience 
plan for Romania, under which milestone 423 refers to the ‘Entry into force of the ‘Justice laws’ (laws on the 
status of magistrates, judicial organisation, Superior Council of Magistracy)’. Milestone 423 will be assessed 
under the 4th payment request expected in 2024. See Annex to Council Implementing Decision 15833/23, p. 
527. 

20   2023 Rule of Law Report, Country Chapter on the rule of law situation in Romania, p. 7. 
21   Contribution from the European Association of Judges to the 2024 Rule of Law Report, p. 12. 
22   Information received in the context of the country visit to Romania by magistrates’ associations (Asociaţia 
‘Iniţiativa  pentru  Justiţie’,  Asociaţia  Forumul  Judecătorilor  din  România,  Asociaţia  Miscarea  pentru 
Apărarea Statutului Procurorilor). See also factual evidence in 2023 Rule of Law Report, pp.7 and 8. 
23   See Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para. 69. 

5 

 
 
several cases of sanctions being deemed unjustified and eventually annulled by the HCCJ24. 
Such procedures however take time and do not have a suspensive effect, and they could have 
a potential chilling effect on magistrates25. In one case, the European Court of Human Rights 
held  that  the  Romanian  courts  had  violated  Article  10  (freedom  of  expression)  of  the 
European  Convention  on  Human  Rights26.  The  Judicial  Inspectorate 
improving 
transparency of its work, notably by publishing reports on the checks and controls it carries 
out  and  by  publishing  data  on  disciplinary  actions  on  their  website27.  The  data  show  that 
many of the disciplinary actions are opened for failure to settle cases promptly or for repeated 
delay  in  the  performance  of  work28.  Some  magistrates  expressed  concerns  about 
investigations  being  launched against them for political  reasons29.  By contrast,  civil  society 
organisations pointed to two cases that have generated media attention  and voiced concerns 
about the impact on public trust in the judiciary30. 

is 

Lawyers have raised concerns regarding the respect for their legally recognised rights 
and privileges. The CCBE31 and the National Association of Romanian Bars (NARB)32 have 
raised concerns regarding the respect for lawyers’ legal rights and privileges, such as attempts 

24   In  2023,  45  cases  were  registered  on  recourse  against  decisions  of  the  Superior  Council  of  Magistracy 
related to the disciplinary actions against judges and prosecutors. 37 cases were solved. Among them, in 12 
cases,  sanctions  were  upheld  as  originally  imposed  or  a  lesser  form  of  accountability  was  applied. 
Contribution from the HCCJ, included in the input from Romania to the 2024 Rule of Law Report, pp. 9-10. 
25   The  lengthy  procedures  could  generate  a  psychological  burden  for  the  magistrates  concerned. Information 
received  in  the  context  of  the  country  visit  to  Romania  by  magistrates’  associations  (Asociaţia  ‘Iniţiativa 
pentru Justiţie’, Asociaţia Forumul Judecătorilor din România, Asociaţia Miscarea pentru Apărarea Statutului 
Procurorilor). With regard to the possible ‘chilling effect’ of sanctions on ‘judges in the performance of their 
duty  to  adjudicate  with  complete  independence’  ,  see  Judgment  of  the  Court  of  Justice  of  18  May  2021, 
joined  cases  C-83/19,  C-127/19,  C-195/19,  C-291/19,  C-355/19  and  C-397/19  Asociaţia  Forumul 
Judecătorilor din România and others, ECLI:EU:C:2021:393, para. 236. 

26   See e.g. ECHR 042 (2024) of 20 February 2024. The case pertains to disciplinary sanctions against a judge 
for posting two messages on his Facebook account. The Court found that the domestic courts had failed to 
give due consideration to several important factors, in particular concerning the broader context in which the 
applicant’s statements had been made, his participation in a debate on matters of public interest, the question 
whether the value judgments expressed had been sufficiently based in fact and, lastly, the potentially chilling 
effect  of  the  sanction.  The  Government  has  introduced  a  referral  request  in  this  case,  which  has  been 
accepted by the Grand Chamber Panel. 

27   Written contribution from the Judicial Inspectorate in the context of the country visit to Romania. 
28   In  the  reference  period  5  July  2023  to  1  February  2024,  the  Judicial  Inspectorate  opened  15  disciplinary 
actions  against  judges,  of  which  seven  on  grounds  of  repeated  non-compliance  with  the  legal  provisions 
regarding the prompt resolution of cases or the repeated delay in the performance of works (Art. 271(g)  of 
Law 303/2022 on the status of judges and prosecutors). Written contribution from the Judicial Inspectorate 
in the context of the country visit to Romania. According to the SCM, such actions occur in a context of high 
workload in the judiciary, linked to a shortage of magistrates (See e.g. Decision SCM No 492 of 28 March 2024). 
Contribution from the European Association of Judges to the 2024 Rule of Law Report, p. 12. See also next 
paragraphs on the challenging human resources situation in the judiciary. 

29   Contribution  from  magistrates’  associations  to  the  2024  Rule  of  Law  Report  (Asociaţia  ‘Iniţiativa  pentru 
Justiţie’,  Asociaţia  Forumul  Judecătorilor  din  România,  Asociaţia  Miscarea  pentru  Apărarea  Statutului 
Procurorilor).. 

30   In cases which raised a lot of public attention in 2023 (a judge who could not justify assets worth 6 million 
euros  and  a  judge  suspected of  providing  sensitive  information  to  suspects  in  criminal investigations),  the 
Judicial Inspectorate did not open investigations. Contribution from Funky Citizens to the 2024 Rule of Law 
Report, p. 12. 

31   Contribution  from  the  Council  of  Bars  and  Law  Societies  of  Europe  (CCBE)  to  the  2024  Rule  of  Law 

Report. 

32   Information received in the context of the country visit to Romania from the NARB. 

6 

 
 
to  break  the  professional  secrecy  between  lawyers  and  their  clients  and  procedural  fines 
imposed on lawyers33. Concerns have also been raised regarding the repeated breach of the 
protocol  signed  by  the  NARB  with  the  Ministry  of  Justice  and  the  General  Prosecutor’s 
Office, establishing the payment of ex officio lawyers for their activities34. In response, a new 
protocol  between  the  NARB,  the  Ministry  of  Justice  and  the  General  Prosecutor’s  Office 
entered into force on 15 February 2024. An additional act to the new protocol concerning the 
indexation of legal aid fees to inflation has been signed in May 2024. 

Quality  

There  has  been  some  further  progress  in  ensuring  adequate  human  resources  for  the 
justice system, although for the time being there are still a number of vacancies which 
could, over time, affect the quality and efficiency of justice. The 2023 Rule of Law Report 
recommended  to  Romania  to  ‘continue  efforts  to  ensure  adequate  human  resources  for  the 
justice  system,  including  for  the  prosecution  services,  taking  into  account  European 
Standards on resources for the justice system’35. Despite austerity measures affecting public 
institutions36, and following protests of magistrates37, efforts were made to spare the judiciary 
including through the organisation of competitions to recruit magistrates38, of transfers39 and 
competitions  for  promotion40  as  well  as  through  amendments  to  the  law  to  increase  the 
maximum  number  of  prosecutors’  posts41.  At  the  same  time,  Law  296/2023  led  to  the 
cancellation  of  unfilled  vacancies  in  the  public  sector  at  the  end  of  December  2023.  Some 

33   Contribution  from  the  Council  of  Bars  and  Law  Societies  of  Europe  (CCBE)  to  the  2024  Rule  of  Law 

Report. 

34   See also letter from the NARB to the government, the SCM, the HCCJ, the POHCCJ and committees of the 
Parliament of 2 October 2023.This led to the organisation, at the beginning of October 2023, of a national 
day  of  protest  under  the  name  of  ‘The  end  of  the  Rule  of  Law  –  a  day  without  lawyers’,  at  which  all  42 
member Bars took part. (Ibidem).  

35   2023 Rule of Law Report, Country Chapter on the rule of law situation in Romania, p. 2. 
36   Government  Emergency  Ordinance  No.  34/2023  of  May  2023  established  the  suspension  of  filling  by 
competition or examination vacant or temporarily vacant positions in public institutions and authorities until 
31 December 2023 (as part of general austerity measures). The measure was prolonged until the end of 2024 
through Ordinance No. 115/14.12.2023 regarding certain fiscal-budgetary measures. The SCM considers that 
this  ordinance  constitutes  an  obstacle  that  hinders  the  organisation  of  competitions.  Written  contribution 
from SCM in the context of the country visit to Romania.  

37   Written contribution from the Ministry of Justice in the context of the country visit to Romania and from the 
NARB in the context of the country visit to Romania. See also letter of 15 Janvier 2024 from  the NARB to 
the SCM, asking for the matter to be referred to the Constitutional Court and letter No.23701/14 December 
2023 of the SCM to the government. 

38    Derogations  were  granted  for  the  judiciary.  After  5  July  2023,  two  competitions  for  admission  in  the 
magistracy were launched: one was finalised on 21 March 2024 and 461 candidates were admitted; one is to 
be  finalised  on 9  July 2024  (117 positions  open).  In  an  admission  competition  to  the  National  Institute  of 
Magistracy completed in April 2024, 301 candidates were admitted. Competitions to transfer prosecutors to 
judges’ positions were also organised. Contribution from SCM, included in the input from Romania to the 
2024  Rule  of  Law  Report,  p.  5  and  written  contribution  from  SCM  in  the  context  of  the  country  visit  to 
Romania. 

39   Written contribution from the Ministry of Justice in the context of the country visit to Romania; contribution 

of the European Association of Judges, p. 7. 

40   E.g.,  22  judges  promoted  to  HCCJ  in  2023,  information  received  in  the  context  of  the  country  visit  to 

Romania by the President of the HCCJ. 

41   Recent legislation increased the maximum number of posts for DIICOT and DNA (see pillar 2). All 20 posts 
at the EPPO for European Delegated Prosecutors have been filled. 38 positions of the special  structure for 
investigating and prosecuting corruption offences in the judiciary were occupied mid-February 2023 out of 
59, which is the maximum number. 

7 

 
 
exceptions were however possible if requested by the institutions and the SCM availed itself 
of  this  possibility42.  The  number  of  vacant  posts  for  both  judges43  and  prosecutors44 
nevertheless increased during the reporting period45. The situation is particularly difficult at 
the  Prosecutor’s  Office  attached  to  the  HCCJ46,  while  the  situation  regarding  judges  of  the 
HCCJ improved47. While the number of magistrates requesting retirement is still significant, 
it  has  been  decreasing48,  and  the  number  of  judges  meeting  the  retirement  conditions  is 
expected to decrease in the coming years49. According to stakeholders, one of the reasons for 
the number of vacancies seems also to be the lack of attractiveness of the working conditions 
in  the  magistracy50.  In  light  of  efforts  made  to  ensure  adequate  human  resources  for  the 
justice system, including for the prosecution services, some further progress has been made to 
address the recommendation made in the 2023 Rule of Law Report.  

42   Based on Art. XVII (5) (g) of the law. The SCM requested an addition of 10 positions for itself, 34 positions 
of specialised staff in prosecutors’ offices and 24 judicial inspector posts for the Judicial Inspectorate, which 
were granted. Information received in the context  of the country visit to RO from the  SCM. The National 
Integrity Agency  requested  27  positions,  see  below  in  pillar  2  (information  received  in  the  context  of  the 
country visit to Romania from the National Integrity Agency).  

43   Figure 35, 2024 EU Justice Scoreboard. Vacancies of judges increased in 2023 from 20% beginning of 2023 
(See 2023 Rule of Law Report, Country Chapter on the rule of law situation in Romania, fn. 42 p. 9) to 23% 
at  the  end  of  the  year:input  from  the  SCM  included  in  the  input  from  Romania  to  the  2024  Rule  of  Law 
Report,  pp.  13-14:  out  of  a  total  of  5 066  positions,  3 092  judges  positions  were  filled  in  December  2023 
while 1 164 positions were vacant). This is particularly true for first instance courts (ibidem). In July 2024, 
the rate of occupancy for judges’ posts was approx. 85% (amounting to approx. 15% vacancy rate). 

44   The number of vacancies of prosecutors’ positions reached 32,24% in December 2023. Written input from 
the SCM included in the input from Romania to the 2024 Rule of Law Report, p. 14: out of a total of 3 039 
prosecutors’  positions,  2 064  were  filled  and  980  were  vacant.  In  July  2024,  the  rate  of  occupancy  for 
prosecutors’ posts was approx. 75% (amounting to approx. 25% vacancy rate). 

45   The general government total expenditure on law courts per inhabitant remains low in Romania, compared 

to other Member States, but slightly increased in 2021 and 2022. Eurostat, Fig. 33, 2012, 2020-2022. 

46   60,42% of vacancies at the Prosecutor’s Office attached to the HCCJ on 30 December 2023 (See see 2023 

Report of the POHCCJ. 

47   Some progress has been made with regard to the HCCJ in 2023 where there were 20 vacant judges’ positions 
beginning  of  2023,  and  15  at  the  end.  However,  at  the  last  competition,  there  was  a  lower  number  of 
candidates than posts to fill. To be noted that the percentage of female judges at the HCCJ is of almost 80%, 
currently  the  highest  percentage  among  supreme  courts  within  the  EU.  See  Figure  38,  2024  EU  Justice 
Scoreboard. 

48   In 2022, 451 judges and 256 prosecutors retired; in 2023, they were resp. 297 and 165; in 2024, until  July, 
resp.  83 and  58. Information received in  the context of the country visit to  Romania  from the Ministry  of 
Justice. 

49   169 in 2024; 120 in 2025 and 76 in 2026. Written contribution from SCM in the context of the country visit 
to Romania. A high number of judges from the HCCJ and the Courts of Appeal fulfil, or will soon fulfil, the 
retirement  conditions.  Contribution  from  the  European  Association  of  Judges  to  the  2024  Rule  of  Law 
Report, p. 6. This is due also to the entry into force of Law 282/2023 on special pensions, which stabilised 
the  legislative  framework  concerning  service  pensions.  This  new  legislation  (published  in  the  Official 
Monitor No. 950 of 20 October 2023), which entered into force on 1 January 2024, provides for new criteria 
and  conditions  for  the  right  to  retire,  like  a  minimum  experience  of  25  years,  a  retirement  age  and  a 
percentage limitation regarding the amount of pension. It also increases the taxation of the pension. 

50   Information received in the context of the country visit to Romania from magistrates’ associations (Asociaţia 
‘Iniţiativa  pentru  Justiţie’,  Asociaţia  Forumul  Judecătorilor  din  România,  Asociaţia  Miscarea  pentru 
Apărarea Statutului Procurorilor), representatives of the National Integrity Agency and the President of the 
HCCJ;  contribution  from  Funky  Citizens  to  the  2024  Rule  of  Law  Report. Among  the  reasons  mentioned 
are: issues with the payment of complete and fair salaries, a bad image of the judiciary, high work levels and 
a high public exposure. 

8 

 
 
The High Court of Cassation  and Justice took measures to address  salary inequalities 
and  made  requests  for  additional  budgetary  resources  for  this  purpose,  which  were 
partly met. These requests were related to the full payment of monthly salaries of judges (in 
line with levels of salaries recognised by final court decisions in 2016) and to the payment of 
salary arrears from previous years51. The objective of these measures was the uniformisation 
of salary scales which in real terms represented an effective and significant increase in salary 
income for all professional categories52. The request was initially not granted by the Ministry 
of  Finance53,  which  led  to  protests  and  a  suspension  of  certain  activities  by  magistrates  in 
December 202354. In November and December 2023, the Government adopted a number of 
normative  acts  granting  additional  funds55.  On  this  basis,  the  Ministry  is  preparing  new 
legislation  to  bring  more  fairness  to  the  salaries  of  different  categories  of  staff  in  the 
magistracy56.  

Draft  legislation  reforming  legal  aid  sets  out  promising  novelties.  The  draft57  was 
submitted  to  public  debate  on  19  January  2024  and  adopted  on  23  May  2023  by  the 
government. A novelty would be the possibility to grant legal aid notably to non-profit legal 
persons  protecting  a  general  interest  when  the  costs  of  the  trial  would  be  likely  to 
significantly  affect  their  activity.  Another  novelty  is  the  introduction  of  an  obligation  for 
courts to inform litigants about the possibility and conditions for applying for legal aid.  

Significant  efforts  have  been  made  to  improve  digitalisation  within  the  justice  system. 
Romania is committed to step up its digitalisation efforts58, as illustrated by the inclusion of 
an investment for the digitalisation of the judiciary in the recovery and resilience plan. This 
investment,  due  in  2025,  aims  to  support  the  transition  to  a  centralised  electronic  case 
management system. The application ‘Electronic File for Judges’ became operational in 2023 
for  all  national  courts,  as  a  module  within  the  Rejust  application59.  Judges  can  now  easily 
obtain  information  about  cases  in  all  courts.  Litigants  and  legal  professionals  can  submit 
petitions  and  documents  and  pay  stamp  duties  online60.  The  Ministry  of  Justice  is 
collaborating on the configuration of the future version of  ECRIS V, which should be fully 
operational by the end of 202561. E-filing has been implemented at national level and allows 

51   Contribution from the European Association of Judges, to the 2024 Rule of Law Report, p. 16. 
52   Contribution  from  the  HCCJ  to  the  2024  Rule  of  Law  Report,  included  in  the  input from  Romania  to  the 

2024 Rule of Law Report, p. 12.  

53   Contribution  from  the  HCCJ  to  the  2024  Rule  of  Law  Report,  included  in  the  input from  Romania  to  the 

2024 Rule of Law Report, p. 12.  

54   Strong  concerns  were  also  expressed  by  the  magistrates’  associations  and  the  plenum  of  the  SCM. 

Contribution from the European Association of Judges to the 2024 Rule of Law Report, p. 16. 

55   Government Decisions No. 1111 of 16 November 2023, No. 1278 of 18 December 2023 and No. 1279 of 18 
December 2023. It is expected that the government will supplement the budget initially allocated in order to 
allow  for  the  payment  of  the  instalments  established  by  law  in  2023  and  those  due  in  2024.  Written 
contribution from the HCCJ in the context of the country visit to Romania. 

56   Working  groups  have  been  established  by  the  government  and  legal  and  economic  analyses  are  currently 

being carried out. Ibidem. 

57   Draft Law amending and supplementing Government Emergency Ordinance No. 80/2013 on judicial stamp 

duties and Government Emergency Ordinance No. 51/2008 on legal aid in civil matters. 

58   OECD (2023), Civic Space Review of Romania, p. 32.  
59   Input from Romania to the 2024 Rule of Law  Report,  p. 10. The rejust webportal  created by the  Court of 
Appeal Galați and expanded by the Supreme Council of Magistracy at national level, is a single electronic 
point of request for services for all active courts in the country.  

60   Input from Romania to the 2024 Rule of Law Report, p. 17. 
61   Ibidem. 

9 

 
 
parties to access their own file online, but it seems there are still courts where access is only 
granted upon request62. Online access to published judgments by the general public is broadly 
ensured63.  Improvements  are  however  still  needed  regarding  the  availability  of  secure 
electronic communication tools for the exchanges between the prosecution services with the 
courts, the investigation authorities and defence lawyers64. The new rules of procedure of the 
courts  no  longer  provide  for  the  mandatory  publication  on  the  court’s  website  of  either  the 
decisions  of  the  College  Board  of  the  court  or  the  decisions  of  the  President  of  the  Court 
related to court management65.  

Efficiency 

Some  challenges  remain  regarding  the  length  of  proceedings  and  clearance  rates. 
Despite  decreases  in  202166  and  digital  tools  allowing  to  speed  up  processes67,  the  time 
needed to resolve cases has increased from 160 days in 2021 to 171 days in 202268, while the 
clearance rate of cases decreased from 102% in 2021 to 96% in 202269. The workload of the 
courts  has  increased  compared  to  the  previous  Rule  of  Law  Report,  notably  the  number  of 
new and pending cases70. Stakeholders have raised concerns about the length of procedures, 
including the National Association of Romanian Bars (NARB)71. The HCCJ is an exception 
to this general trend72. Decision No. 2040/2023 by the SCM established a maximum number 
of cases to be handled by each judge per month73. The decision has not been applied by all 
courts. Romania remains under enhanced supervision  by the Committee of Ministers of the 
Council  of  Europe  for  the  excessive  length  of  civil  and  criminal  proceedings,  and  lack  of 

62   Contribution from the European Association of Judges to the 2024 Rule of Law Report, p. 26. 
63   Figure 47, 2024 EU Justice Scoreboard. 
64   Figure 43, 2024 EU Justice Scoreboard. 
65   The new Law on the Judicial Organisation transferred most administrative decisions at court level from the 
College Board to the President of the Court. CSOs are criticising the concentration of powers in the hands of 
the Presidents of the Courts. See contribution from MEDEL, Magistrats Européens pour la Démocratie et les 
Libertés, to the 2024 Rule of Law Report, p. 12. 

66   2023 Rule of Law Report, Country Chapter on the rule of law situation in Romania, p.11 fn. 64. 
67   See below: the electronic file for judges within the Rejust application and the portal registratura.rejust.ro.  
68   Increasing  estimated  time  needed  to  resolve  civil,  commercial,  administrative  and  other  cases  in  2022  (1st 
instance): Figure 5, 2024 EU Justice Scoreboard; increasing estimated time needed to resolve litigious civil 
and  commercial  cases  at  first  instance:  Figure  6,  2024  EU  Justice  Scoreboard;  increasing  estimated  time 
needed to resolve administrative cases at first instance: Figure 8, 2024 EU Justice Scoreboard. 

69   Decreasing clearance rate of civil, commercial, administrative and other cases in 2022:  Figure 10, 2024 EU 

Justice Scoreboard. 

70   E.g. from 7.0 in 2021 to 7.6 with regard to the number of incoming civil, commercial, administrative and 
other  cases  in  2022:  Figure  2,  2024  EU  Justice  Scoreboard;  increasing  number  of  incoming  civil  and 
commercial  litigious  cases  in  2022:  Figure  3,  2024  EU  Justice  Scoreboard;  stable  number  of  incoming 
administrative  cases  in  2022:  Figure  4,  2024  EU  Justice  Scoreboard;  increasing  number  of  pending  civil, 
commercial and administrative and other cases: Figure 13, 2024 EU Justice Scoreboard; increasing number 
of pending litigious civil and commercial cases: Figure 14, 2024 EU Justice Scoreboard. 

71   Information  received  in  the  context  of  the  country  visit  from  the  Romanian  National  Bar  Association 
(NARB). In December 2023 (4 October 2023 – ‘A day without lawyers! The day on which justice does not 
exist’), they raised attention to the critical situation of the judicial system. 

72   Contribution from the HCCJ, included in the written input from Romania to the 2024 Rule of Law Report, p. 
19. On 15 December 2023, 21 591 cases were pending on the HCCJ (of which 8 330 unresolved cases on 1 
January 2023 and 13 261 new cases). During the same time frame, 14 852 cases were resolved, resulting in 
an average duration of 160 in 2023, compared to 198 days in 2022 (a decrease of approx. 20%). 

73   This  decision  of  13  July  2023  standardises  work  to  40  cases/month  as  a  temporary  measure,  pending  an 

analysis of the optimal workload of judges. 

10 

 
 
effective remedy in this respect74. Discussions are ongoing with the Council of Europe on a 
possible solution to the supervision of the execution of this group of cases. 

II. 

ANTI-CORRUPTION FRAMEWORK  

The  Ministry  of  Justice  coordinates  the  implementation  of  the  National  Anti-Corruption 
Strategy  for  2021-2025.  The  specialised  anti-corruption  prosecution,  the  National  Anti-
Corruption  Directorate  (DNA),  has  the  competence  to  investigate  serious  corruption  cases, 
while the Prosecutor General’s office investigates all other corruption cases. There are also 
specialised  prosecution  offices  attached  to  the  HCCJ  and  courts  of  appeal  for  corruption 
offences  committed  by  prosecutors  and  judges75.  A  specialised  anti-corruption  directorate 
(DGA) is established in the Ministry of Interior, competent for integrity and corruption issues 
within  the  staff  employed  by  the  Ministry,  including  the  police.  The  National  Integrity 
Agency  (ANI)  carries  out  administrative  investigations  regarding  conflicts  of  interests, 
incompatibilities  of  activities  and  unjustified  wealth,  and  is  responsible  for  the  monitoring 
and  verification  of  declarations  of  assets,  including  of  all  elected  officials.  The  National 
Agency  for  the  Management  of  Seized  Assets  (ANABI)  ensures  the  management  of  seized 
and confiscated criminal assets and facilitates the tracing and identification of proceeds. 

The perception among experts and business executives is that the level of corruption in 
the public sector remains high. In the 2023 Corruption Perceptions Index by Transparency 
International,  Romania  scores  46/100  and  ranks  25th  in  the  European  Union  and  63th 
globally76.  This  perception  has  been  relatively  stable  over  the  past  five  years77.  The  2024 
Special  Eurobarometer  on  Corruption  shows  that  75%  of  respondents  consider  corruption 
widespread  in  their  country  (EU  average  68%)  and  51%  of  respondents  feel  personally 
affected by corruption in their daily lives (EU average 27%)78. As regards businesses, 94% of 
companies consider that corruption is widespread (EU average 65%) and 71% consider that 
corruption  is  a  problem  when  doing  business  (EU  average  36%)79.  Furthermore,  46%  of 
respondents find that there are enough successful prosecutions to deter people from  corrupt 

74   European Court of Human Rights, judgment of 26 November 2013, Vlad v. Romania, 40756/06. 
75   The  Prosecutor’s  Office  attached  to  the  HCCJ  is  competent  for  offences  committed  by  members  of  the 
Superior  Council  of  Magistracy,  judges  of  the  HCCJ  and  prosecutors  of  the  POHCCJ,  judges  and 
prosecutors  attached  to  the  Courts  of Appeal  and  the  Military  Court  of Appeal,  as  well  as  judges  of  the 
Constitutional Court of Romania. Offences committed by all other judges and prosecutors in the system are 
investigated by designated prosecutors working within the prosecution offices attached to courts of appeal. 
76   Transparency International (2024), Corruption Perceptions Index 2023. The level of perceived corruption is 
categorised  as  follows:  low  (the  perception  among  experts  and  business  executives  of  public  sector 
corruption scores above 79); relatively low (scores between 79-60), relatively high (scores between 59-50), 
high (scores below 50).  

77   Romania  has  the  same  score  and  rankings  as  last  year. The  score  in  2019  was  44,  so  2  points  lower. The 
score  significantly  increases/decreases  when  it  changes  more  than  five  points;  improves/deteriorates 
(changes between 4-5 points); is relatively stable (changes from 1-3 points) in the last five years. 

78   Special Eurobarometer 548 on Citizens’ attitudes towards corruption in the EU (2024). The Eurobarometer 
data  on  citizens’  corruption  perception  and  experience  is  updated  every  year.  The  previous  data  set  is  the 
Special Eurobarometer 534 (2023). 

79   Flash Eurobarometer 543 on Businesses’ attitudes towards corruption in the EU (2024). The Eurobarometer 
data on businesses’ attitudes towards corruption as is updated every year. The previous data set is the Flash 
Eurobarometer 524 (2023). 

11 

 
 
practices  (EU  average  32%)80,  while  34%  of  companies  believe  that  people  and  businesses 
caught for bribing a senior official are appropriately punished (EU average 31%)81.  

The  implementation  of  the  2021-2025  Anti-Corruption  Strategy  (NAS)  remains  on 
track. A report on the implementation of the NAS for the year 2023 was prepared based on 
reports  submitted  by  public  authorities  and  institutions.  The  report  contains  details  on  the 
effective implementation of the NAS measures.  Following the approval of the report by the 
cooperation platforms in  June 2024, it was published on the NAS website82. There are  also 
other  reports  available  online,  such  as,  for  instance,  on  the  institutions  that  underwent  peer 
in  202383.  Dedicated  working  groups  were  established  with 
review  evaluations 
representatives  from  cooperation  platforms  to  monitor  and  assess  progress  for  specific 
objectives  of  the  NAS,  including  measures  for  the  national  education  and  public  health 
systems.  Whereas  the  group  on  health  met  four  times  in  2023,  there  were  no  meetings 
organised for the education sector during 202384.  

As a follow up to its accession to the OECD, Romania started legislative action on the 
criminalisation of bribery of foreign public officials. Within the framework of Romania’s 
accession  to  the  Organisation  for  Economic  Co-operation  and  Development  (OECD), 
Romania  acceded  to  the  OECD  Anti-Bribery  Convention85  and  became  a  member  of  its 
Working Group in 2023. As reported last year, Romania committed to take legislative action 
in response to the assessment of the OECD that the scope of the offence of foreign bribery in 
its legislation is too restricted and the sanctions for legal persons too low86. The Ministry of 
Justice prepared draft legislation for consultation in April 2024 and the Government approved 
it on 18 July 202487. The draft law will be sent to Parliament for debate and adoption.  

The  number  of  specialised  prosecutors  at  DNA  remains  stable  and  the  authorities 
maintain  a  positive  track  record  in  combating  corruption,  including  as  regards  high-
level  corruption  cases.  The  General  Prosecution  Service  continued  to  issue  many 
indictments  in  corruption  cases  and  courts  delivered  many  final  judgments88.  The  DNA’s 
results for the prosecution of high-level corruption cases are similar, but there is still a serious 
backlog89.  During  2023,  Courts  convicted  400  defendants  and  acquitted  175  defendants  in 

80  Special Eurobarometer 548 on Citizens’ attitudes towards corruption in the EU (2024).  
81   Flash Eurobarometer 543 on Businesses’ attitudes towards corruption in the EU (2024).  
82   Several  of  the  achievements  and  developments  mentioned  in  this  Chapter  are  part  of  the  NAS.  National 
Anticorruption  Strategy  2021-2025,  Implementation  Report  2023.  See  the  2023  Rule  of  Law  Report, 
Country Chapter on the rule of law situation in Romania, p. 13. According to RRP target 428, 70% of the 
measures included in the strategy have to be completed by Q4 2025. 

83   Ministry of Justice, National Anticorruption Strategy 2021-2025, Evaluation Reports 2023.  
84   Information received from the Ministry of Justice in the context of the country visit to Romania.  
85  OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transaction. 
86   2023 Rule of Law Report, Country Chapter on the rule of law situation in Romania, p. 13. 
87   Ministry of Justice, Press release of 18 July 2024.  
88  During  2023,  a  total  of  1  843  (1 662  in  2022,  1  493  in  2021)  cases  involving  corruption  offences  were 
solved, of which 259 (266 in 2022, 201 in 2021) indictments and plea agreements were issued, by which 328 
(327 in 2022, 253 in 2021) defendants were sent to trial. There  were 159 (203 in 2022, 142 in 2021)  final 
judgments, by which 154 (184 in 2022, 151 in 2021) individuals were convicted, see input from Romania for 
the 2023 Rule of Law Report, Annex 8 and  2023 Rule of Law Report, Country Chapter on the rule of law 
situation in Romania, p. 14. 

89   Input from Romania for the 2023 Rule of Law Report, Annex 7, and information received from DNA in the 
context of the country visit. The number of pending cases was 6 085 in 2023, compared to 6 129 in 2022 and 
6 076 in 2021. During 2023, a total of 132 (404 in 2022, 317 in 2021) cases concerning 651 (779 in 2022, 

12 

 
 
 
cases  indicted  by  DNA90.  The  HCCJ  dealt  with  five  cases  of  high-level  and  complex 
corruption  offences  in  2023,  involving  20  defendants,  two  of  which  were  sentenced  to 
imprisonment  In  2022,  five  out  of  28  defendants  were  sentenced  to  imprisonment91.  The 
EPPO investigated 13 corruption cases in 2023, which accounts for 3% of the total number of 
EPPO cases in Romania92. While there are many vacancies in the prosecution services, DNA 
operated in February 2024 at 86.7 % occupancy rate with 156 positions filled93. This rate has 
been stable since June 2023 when the occupancy rate was 85%, in line with the commitment 
of  Romania  under  the  RRP94.  The  seniority  requirement  to  be  appointed  to  the  DNA,  the 
workload and the external pressure, remain high, while this is not compensated by additional 
benefits95.  In  November  2023,  the  Minister  of  Interior  appointed  a  new  head  of  the 
specialised Anti-Corruption Directorate (DGA) in the Ministry of Interior96. 

The delayed legislative response on the statute of limitations continued  to result in the 
closing  of  many  corruption  cases  and  the  annulment  of  convictions.  The  Constitutional 
Court (CCR) judgment of 26 April 2018, finding that the interruption of the limitation period 
under the Criminal Code was unconstitutional97, and the delayed adoption of a Government 
Emergency  Ordinance  on  30  May  2022,  filling  the  legal  void98,  resulted  in  much  shorter 

730  in  2021)  defendants  were  sent  to  trial.  Of  these,  481  (565  in  2022  and  2021)  were  prosecuted  by 
indictment and 170 (214 in 2022, 165 in 2021) by plea agreement.  The courts rendered 257  (348 in 2022, 
255 in 2021) final judgments and 400 (439 in 2022, 427 in 2020) defendants were convicted. The number of 
files older than 5 years from the date of notification has decreased (177 compared to 263 in 2022 and 323 in 
2021). 

90   77% of convicted persons were sentenced to imprisonment with suspended sentence under  surveillance and 
only 11,25% of convicted persons were sentenced to imprisonment with execution. Input from Romania for 
the Rule of Law report, Annex 7. According to information from the Prosecutor General in the context of the 
country visit to Romania this figure is 13% for all criminal offences. The Chief Prosecutor of DNA noted 
that the figures were similar in 2022 and explained that in white-collar offences like corruption, very often 
courts tend to favour suspended sanctions, especially for first time offenders. 

91   Input  from  Romania  to  the  2024  Rule  of  Law  report,  p.  35.  See  also  2023  Rule  of  Law  Report,  Country 

Chapter on the rule of law situation in Romania, p. 14. 

92   EPPO (2024) Annual Report 2023, p. 51. 
93   Information received from DNA in the context of the country visit to Romania. DNA submitted this is 20% 
more than DIICOT and 50% more than the prosecution service at the HCCJ. High-ranking prosecutors have 
been appointed by the President of Romania on 11 January 2024, on the proposal of the Minister of Justice, 
despite  a  negative  opinion  of  Prosecutors’  Section  of  the  SCM  and  concerns  expressed  by  the  Venice 
Commission  regarding  this  procedure  previously  (Opinion  of  13  July  2018:  ‘as  in  the  case  of  judicial 
appointments, while different practical arrangements are possible, the effective involvement of the judicial 
(or prosecutorial) council, where such a body exists, is essential as a guarantee of neutrality and professional, 
non-political expertise’. 

94   Milestone  429  of  Romania’s  RRP  provides  for  an  ‘Occupation  rate  of  85%  of  National  Anti-Corruption 
Directorate prosecutor positions attained’ (by 30 June 2023). This milestone will be assessed as part of the 
4th payment request, expected in 2024. 

95   Information received from DNA and the Prosecutor General in the context of the country visit to Romania. 
The  SCM  adopted  Decision  1503  of  28  November  2023  calling  to  defend  the  independence  of  the 
prosecutors of the DNA against allegations made by representatives/leaders of a political party.  

96   The former head retired in August 2023 shortly after allegations of pressures against a DGA police officer at 
the request of a judge at the HCCJ. HotNews (2023), Head of the General Anticorruption Directorate retires/ 
Scandals in which Liviu Vaseliescu’s name appears. 

97   Due  to  a  lack  of  clarity  and  predictability.  Romanian  Constitutional  Court,  judgment  of  26  April  2018, 
Decision no. 297/2018 and Confirmative Decision no. 358 of 26 May 2022. See also the 2023 Rule of Law 
Report, Country Chapter on the rule of law situation in Romania, p. 16. 

98   2022 Government Emergency Ordinance no. 71. It specifies that the statute of limitations in Article 155 of 
the  Criminal  Code  can  be  interrupted  by  the  ‘performance  of  any  procedural  act  in  question  which, 

13 

 
 
 
limitation  periods  for  all  cases  during  this  period.  575  cases  concerning  corruption  and 
assimilated offences were discontinued at the prosecutor’s offices level in 2023 as a result of 
the CCR and HCCJ rulings on the statute of limitation, involving 297 suspects and indicted 
persons99.  In  2023,  for  cases  brought  to  Romanian  courts  by  DNA,  the  courts  terminated 
proceedings concerning 383 defendants of which 364 were discharged because of their case 
reaching the limitation period for criminal liability100. In a ruling of 24 July 2023, in view of 
the  principle  that  offences  and  penalties  must  be  defined  by  law,  the  CJEU  set  out  more 
specifically  its  requirements  relating  to  the  foreseeability  and  precision  of  criminal  law.  It 
considered  that  the  applicable  rules  of  Union  law  do  not  require  the  Romanian  courts  to 
disapply  the  judgments  of  the  CCR,  even  if,  as  a  consequence  of  those  judgments,  a 
considerable number of criminal cases, including cases of serious fraud affecting the financial 
interests  of  the  Union,  would  be  discontinued  because  of  the  expiry  of  the  limitation 
period101. However, it also ruled that Romanian courts cannot apply the lex mitior in order to 
call into question the interruption of the limitation period by procedural acts which took place 
before the date of the CCR judgment102. Some courts however considered interruptions of the 
limitation period between 2014 and 2018 invalid103.  

There  has  been  some  further  progress  as  regards  the  system  for  investigating  and 
prosecuting corruption offences in the judiciary.  In the 2023 Rule of Law Report, it was 
recommended to Romania to ‘take measures, in particular at an operational level, to address 
remaining  concerns  about  the  investigation  and  prosecution  of  criminal  offences  in  the 
judiciary, 
into  account  European 
standards’104.  Designated  prosecutors  are  dealing  with  a  significant  backlog  of  cases, 
especially at local level105. Since the new system for investigating and prosecuting corruption 
offences in  the judiciary was  established in  March 2022, two indictments have been issued 
(in  2023).  In  2024,  the  preliminary  investigation  for  one  case  was  finished106.  The  new 
system  still  has  to  show  its  ability  to  deal  efficiently  with  corruption  cases  within  the 

including  as  regards  corruption  offences, 

taking 

according to the law, must be communicated to the suspect or defendant’. See also 2023 Rule of Law Report, 
Country Chapter on the rule of law situation in Romania, p. 13. 

99   The value of damage involved in these cases is 14.7 million EUR. Information received from the Prosecutor 

General in the context of the country visit to Romania. 

100  Input from Romania for the Rule of Law  report, Annex 7. Until May 2023, courts terminated 81 finalised 
cases, involving 186 defendants, see 2023 Rule of Law Report, Country Chapter on the rule of law situation 
in Romania, p. 16. 
101  Court  of  Justice  of 
ECLI:EU:C:2023:606. 

judgment  of  24  July  2023,  Lin,  C-107/23  PPU, 

the  European  Union, 

102  i.e. between 1 February 2014 (entry into force of the Criminal Code) and 26 April 2018 (date of the CCR 
decision declaring the interruption of the limitation period under the Criminal Code unconstitutional). Case 
C‑107/23 PPU, EU:C:2023:606.  

103  See.  e.g.,  No  925/26.10.2023  of  the  Timișoara  Court  of Appeal  and  D.P.  25/15.01.2024  Oradea  Court  of 
Appeal. The HCCJ held on 17 June 2024 that there is no legal ground for the interruption of the limitation 
period for procedural acts carried out before the decision of the Constitutional Court in 2018. 

104  2023 Rule of Law Report, Country Chapter on the rule of law situation in Romania, p. 2. In the 2023 Rule of 
Law  Report,  the  Commission  concluded  that  Romania  had  made  some  progress  on  the  2022 
recommendation on ‘taking measures to address remaining concerns about the investigation and prosecution 
of  criminal  offences  in  the  judiciary,  taking  into  account  European  standards  and  relevant  Venice 
Commission opinions’. 

105  3 180  files  remain  to  be  processed:  2 527  at  territorial  level  and 653  at  central  level.  6 855 out  of  10  035 
cases are already solved. Information received from the Ministry of Justice in the context of the country visit 
to Romania.  

106  Information received from the Prosecutor General in the context of the country visit to Romania. 

14 

 
 
judiciary107.  As  reported  last  year108,  the  SCM  has  difficulties  filling  the  positions  of 
designated prosecutors at the HCCJ. The occupancy rate has gone down since the last Rule of 
Law Report was published. In February 2024, there were four prosecutors appointed out of 
the 14 posts available at “central” level (there were eight at the end of 2022), whereas 34 out 
of 45 prosecutors were appointed at the local prosecution offices (42 at the end of 2022)109. 
The pool of eligible applicants is very limited due to strict seniority requirements110 and, as 
only few prosecutors apply111, on 25 June the Parliament adopted legislation112 to allow the 
Prosecutor General to appoint designated prosecutors ex officio, with the aim to address the 
low  occupancy  rate.  Another  practical  issue  was  that  the  law  provided  for  a  maximum  of 
three  designated  prosecutors  for  each  local  office,  while  the  workload  per  office  differs  a 
lot113. The new law makes it a minimum of three, which will allow to  adapt the number of 
prosecutors based on the workload of the respective court114. There has therefore been some 
further progress to address the recommendation made in the 2023 Rule of Law Report. 

A proposal to update the legislative framework on integrity has been submitted to the 
Ministry of Justice, but it does not cover rules on revolving doors. As reported in 2023, 
the evaluation of the existing framework on integrity showed that there are gaps and that the 
fragmentation  of  the  rules  on  integrity  makes  it  difficult  to  comply  and  follow-up  with  the 
legal obligations115. The project to update and codify the legislative framework on integrity 
started  in  2022  and  should  enter  into  force  by  the  end  of  2024,  in  line  with  Romania’s 
commitments under the RRP116. Following consultations with stakeholders in August 2023, 

107  This was also the opinion of Associations of Magistrates’, Funky Citizens (CSO) and Expert Forum (CSO) 

in the context of the country visit to Romania. 

108  2023 Rule of Law Report, Country Chapter on the rule of law situation in Romania, p. 17. 
109  Information received from  the SCM  in the context of the country visit to Romania and 2023  Rule of Law 
Report, Country Chapter on the rule of law situation in Romania, p. 17. The letter from the PO at the HCCJ 
of 13 February 2024 even mentions only 3 and 31 at local level. 

110  At least 12 years of experience is required for those designated to work for the prosecutors’ offices attached 
to the courts of appeal and at least 15 years of experience is required in respect of the Prosecutor’s Office 
attached to the High Court of Cassation and Justice. 

111  SCM  (2024), Annual  Report  for  2023. According  to  information  received  from  the  SCM  and  Prosecutor 
General  in  the  context  of  the  country  visit  to  Romania,  some  prosecutors  are  reluctant  to  apply,  as  many 
prosecutors have been rejected  by  the  SCM  in  the  past  and  rejection  may  cause  negative  publicity.  Under 
law  49/2022,  the  SCM  does  not  have  to  motivate  its  decision.  The  circumstance  that  the  salary  for  these 
prosecutors  is  the  same  as  for  normal  prosecutors  is  also  mentioned  as  a  reason  that  the  position  is  less 
attractive.  

112  Law amending law 49/2022. It still has to be promulgated. 
113  Information received from the Prosecutor General in the context of the country visit to Romania.  
114  Information received from the Ministry of Justice in the context of the country  visit to Romania. The new 
law  also  provides  that  the  number  of  prosecutors  at  the  criminal  prosecution  section  of  the  General 
Prosecutor’s  office  shall  be  14.  In  a  judgment  of  8  May  2024  in  Case  C-53/23,  following  a  referral  for  a 
preliminary  ruling  in  a  case  pertaining  to  the  current  system  for  investigating  and  prosecuting  corruption 
offences  in  the  judiciary,  the  CJEU  held  that  EU  law  does  not  preclude  a  national  law  which  excludes 
professional associations of judges from challenging the appointment of  prosecutors competent to conduct 
criminal  prosecutions  against  judges,  by  requiring  the  existence  of  a  legitimate  private  interest  to  be 
established in order for such an action to be admissible. Therefore, the Court did not enter into the question 
of the compatibility with EU law of the current system for investigating and prosecuting corruption offences 
in the judiciary. 

115  2023 Rule of Law Report, Country Chapter on the rule of law situation in Romania, p. 18. 
116  Milestone  no.  431  of  Romania’s  RRP  states:  ‘Consolidated  laws  on  integrity  shall  enter  into  force.  The 
update of the integrity legislation shall be realised based on a prior evaluation and analysis of the integrity 
laws,  together  with  an  initial  clustering  of  the  normative  acts. Within  the  second  phase of  the  project,  the 

15 

 
 
 
on 20 December 2023 ANI submitted a proposal for updating the integrity legislation to the 
Ministry of Justice. The proposal suggests targeted amendments to the existing laws, which 
would  be  combined  in  one  omnibus  law117.  The  scope  of  the  proposal  remains  limited  to 
conflicts of interest, incompatibilities of activities and unjustified wealth and does not cover 
other  aspects  of  integrity  rules.  This  includes,  for  example,  rules  on  revolving  doors  which 
remain limited and scattered across different laws118.  

ANI  maintained its  results  in managing  conflicts  of  interest  and  asset  declarations.  At 
the  end  of  2023,  a  series  of  austerity  measures  were  taken  that  affect  the  public  service 
generally,  with  an  impact  on  ANI119.  The  low  salaries  are  considered  an  obstacle  to  attract 
competent  staff120  and  ANI  continues  to  advocate  for  a  rise  in  the  salaries  of  inspectors121. 
ANI nevertheless manages to  maintain its results of the last years. The number of finalised 
cases has remained relatively constant. ANI identified a record amount of unjustified wealth 
of over EUR 6 million122. The National Integrity Council (NIC) provides political oversight 
for  ANI,  guaranteeing  its  independence  and  monitoring  its  performance123.  Its  4-year 

existing laws shall either be unified and updated, or new normative acts shall be proposed.’ Milestone no. 
431 will be assessed under the 6th payment request, expected in 2025. 

117  Taking into account the national elections taking place in 2024, Romania does not expect to start the public 
debate on the proposal before the third quarter of 2024; information received from ANI in the context of the 
country visit to Romania. 

118  As noted already with concern in the 2021 Rule of Law Report, Country Chapter on the rule of law situation 
in  Romania,  p.  16. There  are  no  regulations  concerning  cooling-off  periods  for key  decision-makers. As  a 
result,  moving  directly  from  a  job  with  the  regulator  to  a  regulated  company,  and  the  other  way  around, 
happens frequently, for instance, in the energy or finance sectors. Regulating post-employment interdictions 
is a measure under the NAS 2021-2025. In the summer of 2023, a working group took place on this topic. 
Information received from ANI in the context of the country visit to Romania. 

119  This resulted in the loss of 40 (unoccupied) posts out of a total of 200 posts, the loss of around 40% of its 
middle-management positions and a reduction of salaries. Salaries within ANI are lower in comparison with 
other similar offices within the public administration of Romania. This is also because a 2017 law created a 
steady increase in salaries for public officials, which does not apply to ANI. Information received from ANI 
in the context of the country visit to Romania. 

120  Information received  from ANI  in the context of the country visit to Romania. There is limited interest  in 
competitions  organised  to  fill  in  positions  in  ANI  because  of  non-competitive  financial  benefits,  the 
complexity  of  the  work  and  the  lack  of  the  statute regulating  the  specific  status  of  the  Integrity Inspector. 
External Audit of the Management of National Integrity Agency for 2022 (2023), Factual Findings Report. 
121  ANI has asked the Ministry of Justice since 2021 to grant integrity inspectors (in contrast to the other people 
working in ANI) with a special statute that would allow them to receive a higher salary under the applicable 
legislation.  

122  This  concerned  the  case  of  a  Bucharest  Court  judge,  which  is  pending  before  the  Wealth  Investigation 
Commission attached to the Bucharest Court of Appeal. ANI also filed a request to the Prosecutor's office 
related  to  possible  conflict  of  interest  of  the  Bucharest's  General  Mayor  and  Mayor  of  District  5.  In 
September  2023,  the  Bucharest  Court  of  Appeal  admitted  the  General  Mayor’s  request  to  annul  the 
evaluation report, which decision has been challenged before the High Court of Cassation and Justice, with a 
hearing  scheduled  for  24  September  2024.  The  Mayor  of  District  5  also  challenged  ANI’s  report  but  a 
hearing  has  not  yet  been  planned.  Information  received  from  ANI  in  the  context  of  the  country  visit  to 
Romania. 

123  It  is  comprised  of  representatives  of  the  categories  of  officials  designated  by  law  to  submit  asset 
declarations. ANI argues that the political representation within the 2020-2024 Council lacked equilibrium 
which  presents  a  risk  to  its  independence  and  mandate. ANI  called  upon  the  Senate  in  February  2024  to 
prevent  the  indirect  formation  of  a  majority  of  the  same  political  colour  members  within  the  Council. 
Preferably, ANI considers that the NIC should not include members of political parties. 

16 

 
 
mandate ended in March 2024 but no new members have yet been appointed124. ANI is also 
responsible for the verification and publication of asset declarations. By 31 December 2023, 
over  11.9  million  asset  declarations  were  published125.  In  December  2023,  the  law  was 
changed  so  as  to  no  longer  allow  certain  public  officials,  such  as  police  officers,  to 
anonymise  their  declarations126.  Since  January  2024,  ANI  no  longer  accepts  declarations 
signed by hand, which reduces the risk of errors127 The risk analysis platform to help with the 
verification of the disclosures is expected to become operational in 2024128. 

ANI  performs  the  role  of  main  external  whistleblower  channel  and  redirects 
whistleblower  reports  on  corruption  to  other  competent  authorities.  The  law  on 
whistleblowers’ protection, which is part of the RRP, made ANI the main body responsible 
for external reporting. Throughout the reporting period, ANI received reports on violations of 
law, offered counselling and established and maintained relations with relevant stakeholders. 
ANI  redirected  the  13  reports  on  corruption  it  received  in  2023  to  the  DNA  and  other 
competent  authorities.  While  ANI  is  not  competent  to  investigate  cases  of  corruption,  it 
provided  these  whistleblowers  with  aid  in  further  proceedings,  as  well  as  counselling129. 
From  the  legally  required  15  integrity  inspectors  in  the  Whistleblowing  Directorate,  six 
inspectors  were  operational  in  February  2024  (two  in  March  2023130)  and  no  further 
competitions  will  be  held  in  2024131.  ANI  considers  the  budget  increase  of  2024  to  be 
sufficient  for  its  additional  tasks  on  whistleblower  reporting132.  Actions  to  facilitate  the 
application of the whistleblower protection legislation include raising awareness  among  the 
Romanian National  Bar  Association  about  whistleblowers’  right  to  free legal  aid  in  case of 
retaliation for their reporting, irrespective of their income133. 

There  has  been  no  progress  yet  to  introduce  rules  on  lobbying  for  Members  of 
Parliament. The 2023 Rule of Law Report recommended to Romania to ‘introduce, without 

124  In 2023, a member of NIC was investigated by ANI integrity inspectors and the member was revoked by the 
Romanian Senate. In September 2023, the former Member accused ANI and management of abuse of office 
in the media. Information received from ANI in the context of the country visit to Romania. 

125  Written input from Romania in the context of the 2024 Rule of Law Report, p. 25 (up from 10.8 million in 
2022). Declarations are posted on ANI’s website for the duration of the term of office and three years after 
its termination. 

126  The  only  exception  to  this  new  provision  applies  to  offices  for  which  there  is  no  obligation  to  submit 
disclosures (e.g. spouse of the public official working in a private company). Information received from ANI 
in the context of the country visit to Romania. 

127  See the 2023 Rule of Law Report, Country Chapter on the rule of law situation in Romania, p. 18. This date 
was postponed from 2023 to 2024 in order to grant all stakeholders the opportunity to allow for electronic 
signature.  However,  and  despite  awareness-raising  measures  over  the  past  years,  there  remain  public 
institutions that do not foresee for electronic signature. ANI has therefore started offering this possibility free 
of charge. The deadline to submit declarations is in June each year. 

128  Information received from ANI in the context of the country visit to Romania. The project was supposed to 
be  introduced  at  the  end  of  2023.  See  the  2023  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law 
situation in Romania, p. 18. 

129  ANI received in total 587 reports in 2023, of which 280 were closed, 260 were redirected to other authorities 
and 47 are under  evaluation. ANI  provided  counselling  in a  total  of 241  cases.  Information  received from 
ANI in the context of the country visit to Romania. 

130  2023 Rule of Law Report, Country Chapter on the rule of law situation in Romania, p. 19. 
131  On 15 December 2023, a Government Emergency Ordinance suspended the organising of competitions for 

the entire 2024 year. Information received from ANI in the context of the country visit to Romania. 

132  ANI asked in 2023 for additional funds to comply with its new obligations as whistleblowing channel, see 

2023 Rule of Law Report, Country Chapter on the rule of law situation in Romania, p. 19. 

133  Information received from ANI in the context of the country visit to Romania. 

17 

 
 
further  delay,  rules  on  lobbying  for  Members  of  Parliament’,  following  a  similar 
recommendation  made  in  the  2022  Rule  of  Law  Report134.  The  Committee  for  European 
Affairs  of  the  Senate  conducted  a  survey  that  indicated  that  eight  out  of  twelve  Senate 
Committees considered that lobbying should be regulated135. However, there are no plans to 
introduce such rules136. The engagement of members of Parliament with lobbyists and other 
third  parties  seeking  to  influence  the  legislative  process  therefore  remains  unregulated,  and 
there are also no clear rules on gifts, hospitality, favours and other benefits137. As noted in the 
2022 and 2023 Rule of Law Reports, important legislative reforms in Romania, such as the 
introduction  of  lobbying  rules,  need  to  receive  clear  high-level  political  support138.  The 
Minister  of  Justice  sent  a  letter  in  October  2023  to  the  two  chambers  of  Parliament  asking 
them for an update on the implementation of the Recommendations of GRECO related to the 
Parliament  that  call  for  improving  the  overall  transparency  of  the  parliamentary  process, 
including by adopting rules on lobbying139. Whilst there have been some developments on the 
enforcement of the lobbying rules for Members of Government, this has not been the case for 
members of Parliament140. Therefore, there has been no progress yet on the implementation 
of the recommendation made in the 2023 Rule of Law Report. 

The  adoption  of  legislation  to  improve  the  transparency  of  political  party  financing 
remains  pending141.  Legislation  drafted  by  the  Permanent  Electoral  Authority  (PEA)  was 
approved without changes by the Senate in September 2023 and presented to the Chamber of 
Deputies  in  October  2023,  without  any  follow  up  so  far142.  The  draft  legislation  aims  to 
improve  the  transparency  of  political  party  financing  and  the  enforcement  of  related  rules. 
Some CSOs consider that the draft law should have provided for the reduction of the overall 
public funding budget (EUR 63 million in 2024, 1/3 more than in 2023) as it tends to favour 
bigger parties, and that the draft law should have limited the amounts that parties can use for 
campaigns.  They  also  criticised  that  campaign  contributions  are  only  made  public  30  days 

134  The 2023 Rule of Law Report, Country Chapter on the rule of law situation in Romania, p. 2 reported that 
there has been no progress yet to introduce rules on lobbying for Members of Parliament. See also 2022 Rule 
of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  Romania,  p.  2.  GRECO  has  made  this 
recommendation already in 2015 in the context of the 4th evaluation round report.  

135  Input from Romania to the 2023 Rule of Law Report, p. 19. 
136  Information received from the Ministry of Justice in the context of the country visit to Romania.  
137  GRECO (2023) fourth evaluation round – third interim compliance report, p. 4.  
138  2023 Rule of Law Report, Country Chapter on the rule of law situation in Romania, p. 19-20 and 2022 Rule 
of  Law  Report,  Country  Chapter  on  the rule of  law  situation  in  Romania, p. 13. According  to  the  OECD, 
Romania  should  develop  a  strategy  to  increase  support  from  top  leadership  in  implementing  the  National 
Anti-Corruption  Strategy.  OECD  (2023) Working  Party  of Senior  Public  Integrity  Officials  Stocktaking  of 
the Public Integrity System in Romania, p. 11. 

139  Letter  from  the  Minister  of  Justice  to  the  President  of  the  Romanian  Senate;  letter  from  the  Minister  of 
Justice  to  the  Interim  President  of  the  Camera  Deputaților,  signed  30  October  2023  and  GRECO  (2016), 
fourth evaluation round, Romania evaluation report, p. 48-49. 

140  In June, the Government published for consultation a draft Code of Ethics for members of Government that 
would, amongst other things, require them to register meetings with lobbyists. Local level officials are not 
obliged to register an account of their meetings. See 2023 Rule of Law Report, Country Chapter on the rule 
of law situation in Romania, p. 19. 

141  2023 Rule of Law Report, Country Chapter on the rule of law situation in Romania, p. 20 and 2022 Rule of 

Law Report, Country Chapter on the rule of law situation in Romania, p. 20.  

142  PL-x No. 516/2023 (cdep.ro) & The Chamber of Deputies is preparing to amend Law 334/2006 on political 

financing (comments on the draft law) | Expert Forum. 

18 

 
 
after  the  election  campaign143.  In  2024,  four  rounds  of  elections  are  scheduled  for  local, 
parliamentary,  presidential  and  European  Parliament  elections,  and  two  took  place  already. 
There is no date foreseen for the adoption of the new legislation and the concerns raised in 
previous  Rule  of  Law  Reports  therefore  remain,  including  the  lack  of  thorough  auditing, 
investigation and enforcement of the rules and low penalties for non-compliance144.  

Public procurement remains a sector with a high risk of corruption, and as it is a high 
priority sector, steps are being taken to identify which areas and procedures are most 
prone  to  corruption  in  public  procurement.  The  Flash  Eurobarometer  on  businesses’ 
attitudes  towards  corruption  in  the  EU  shows  that  35%  of  companies  in  Romania  (EU 
average  27%)  think  that  corruption  has  prevented  them  from  winning  a  public  tender  or  a 
public  procurement  contract  in  practice  in  the  last  three  years145.  Procurement  remains  a 
sector  with  a  high  risk  of  corruption146.  The  number  of  integrity  warnings  issued  by  the 
electronic  system  to  prevent  conflicts  of  interests  in  public  procurement  continued  to  be 
stable  over  the  last  four  years,  while  in  October  2023,  it  identified  a  potential  conflict  of 
interest in a public procurement procedure of around EUR 1.4 billion147. With the support of 
the  EU’s  Technical  Support  Instrument,  Romania  aims  to  identify  which  areas  and 
procedures  of  public  procurement  are  most  prone  to  corruption  by  the  end  of  2024148.  The 
NAS  2021-2025  also  acknowledges  that  corruption  an  enabler  for  organised  crime.  The 
National  Strategy  against  Organised  Crime  contains  measures  that  aim  to  address  this  risk, 
such as identifying at an early-stage cases of corruption that are linked to organised crime149. 
DIICOT reported that 13% of the analysed criminal groups in 2023 have used corruption to 
facilitate or cover up their crimes (compared to 11% in 2022 and 15% in 2021)150. 

III.  MEDIA PLURALISM AND MEDIA FREEDOM 

The right to freedom of expression as well as the right of access to any information of public 
interest is enshrined in the Constitution151. Access to information is regulated by the Law on 
free  access  to  information  of  public  interest152,  which  includes  specific  provisions153  on 
access by the media to information of public interest154. The provision of audiovisual media 
services  is  regulated  by  the  Audiovisual  Law155, which  transposes  the  Audiovisual  Media 

143  Written input from Expert Forum in the context of the  2023 Rule of Law  report questionnaire and Expert 

Forum (2023), Political party subsidies in 2023. 

144  Ibidem, p. 20.  
145  Flash Eurobarometer 543 on Businesses’ attitudes towards corruption in the EU (2024). This is 8 percentage 

points above the EU average.  

146  Written input from Romania to the 2024 Rule of Law Report, p. 30-31.  
147  There were 21 integrity warnings in 2023, in comparison to 22 in 2022, 26 in 2021, and 20 in 2020. Written 
input  from  Romania  for  the  2024  Rule  of  Law  Report,  p.  27  and  information  received  from ANI  in  the 
context of the country visit to Romania. See also the 2023 Rule of Law Report, Country Chapter on the rule 
of law situation in Romania, p. 21. 

148  Information received from the Ministry of Justice in the context of the country visit to Romania. 
149  Information received from the Ministry of Justice and Prosecutor General in the context of the country visit 

to Romania. 

150  DIICOT (2024) Annual Activity Report 2023, p. 23. 
151  Constitution of Romania, arts. 30 and 31. 
152  Law on free access to information of public interest 544 of 12 October 2001. 
153  Ibidem, section 2. 
154  Romania ranks 49th in the 2024 Reporters without Borders World Press Freedom Index compared to 53rd in 

the previous year.   

155  Audiovisual Law 504/2002 of 11 July 2022. 

19 

 
 
Services Directive (AVMSD)156, and the Code governing audiovisual content157. The media 
regulator  (National  Audiovisual  Council)  is  the  sole  regulatory  authority  in  the  field  of 
audiovisual media services. The mission and composition of the media regulator are set out 
in  the  Audiovisual  Law.  The  organisation  and  functioning  of  the  Romanian  Broadcasting 
Society and the Romanian Television Society are regulated by Law 41/1994. 

The  functioning  and  effectiveness  of  the  National  Audiovisual  Council  (CNA)  is 
expected  to  be  improved  with  the  update  of  its  technology  systems.  The  CNA  is  the 
guarantor of the public interest in the field of audiovisual communication and must ensure 
the  respect  of  the  pluralistic  expression  of  ideas  and  opinions  within  the  content  of 
audiovisual media services158. The Audiovisual Law provides159 that the Council’s activity 
is  to  be  financed  from  the  state  budget.  The CNA  expects  to  have  its technology systems 
updated by the end of 2024, which would help it with enforcement actions160. The CNA is 
empowered to monitor the editorial content of the broadcasters and take measures in cases of 
infringements. In 2022 it imposed 63 injunctions and 52 fines for “breach of the provisions 
on ensuring correct information and pluralism”  161. Stakeholders’ views on the work of the 
CNA differ162. The work on secondary legislation that the CNA has been undertaking since 
2022, is ongoing and the precise timetable is not yet available163. 

 While  information  on  the  shareholding  structure  of  companies  holding  audiovisual 
licenses  is  now  public,  it  still  appears  difficult  for  the  general  public  to  know  who 
ultimately  owns  media  companies  beyond  the  audiovisual  sector.  Issues  regarding  the 
transparency of media ownership referred to in the 2023 Rule of Law Report remain164. The 
Constitution states that the law may impose an obligation on the media to disclose the source 
of  funding165.  By  law  all  legal  persons  holding  an  audiovisual  license  are  obliged  to  make 
public  some  basic  information  about  the  outlet’s  status  and  ownership166.  The  CNA  has 
published  information  on  the  shareholding  structure  of  companies  holding  audiovisual 
licenses167, but  there are still no media-specific transparency  and concentration regulations 
beyond those aimed at audiovisual media. Thus, it still is difficult for the general public to 
know  who  ultimately  owns  media  companies  outside  the  audiovisual  sector168.  The 

156  Directive  (EU)  2018/1808  amending  Directive  2010/13/EU  on  the  coordination  of  certain  provisions  laid 
down by law, regulation or administrative action in Member States concerning the provision of audiovisual 
media services (Audiovisual Media Services Directive) in view of changing market realities. 

157  Audiovisual content regulatory code of 24 February 2011. 
158  Audiovisual Law 504/2002, art. 10(3). 
159  Ibidem, art. 16. 
160  Information received in the context of the country visit to Romania from the CNA. 
161  CNA (2023), Annual report, p. 118. 
162  Active Watch thinks that the current system of penalties for ethical misconduct is not effective and does not 
bring  about  significant  changes  in  the  behaviour  of  news  television,  while  the  Romanian  Press  Club,  that 
gathers owners and managers of media outlets, criticised the CNA, which is seen as ‘increasingly censoring 
the  press  under  the  pretext  of  protecting  citizens’. Active  Watch  (2023),  Breaking  News  Democracy,  p.5; 
Press Club (2023), What to do with the CNA?, 7 October 2023.  

163  Information received in the context of the country visit to Romania from CNA. 
164  2023 Rule of Law Report, Country Chapter on the rule of law situation in Romania, p. 21. 
165  Constitution of Romania, art. 30(5). 
166  Audiovisual Law 504/2002, arts. 48 and 74.1. 
167  https://www.cna.ro/IMG/pdf/Structura_actionariatului_societatilor_detinatoare_de_licente_SITE.pdf. 
168  2024  Media  Pluralism  Monitor,  country  report  for  Romania,  p.  17:  ‘Completely  full  transparency  is  also 
hindered by the fact that media companies can be owned in part or in full by companies registered abroad 
whose ownership may or may not be fully known depending on regulations in the relevant country’.  

20 

 
 
audiovisual law includes provisions on pluralism for the television market but there are no 
concentration  regulations  for  non-audiovisual  media  or  cross-media  ownership169. 
According  to  the  Media  Pluralism  Monitor,  plurality  of  media  providers  is  at  high  risk 
(85%)170.  

There  has  been  no  progress  to  enhance  the  independent  governance  and  editorial 
independence  of  public  service  media.  The  2023  Rule  of  Law  Report  recommended  to 
Romania  to  ‘strengthen  the  rules  and  mechanisms  to  enhance  the  independent governance 
and  editorial  independence  of  public  service  media  taking  into  account  the  European 
standards  on  public  service  media’171.  A  bill  of  June  2021  to  reform  the  law  on  public 
broadcasting  and  radio  companies172  is  still  under  discussion  in  Parliament  and  no  further 
mechanisms  to  ensure  the  independence  of  public  service  media  have  been  adopted. The 
system for appointing and dismissing the Board of Directors of the public service broadcaster 
remains subject to political influence173. According to a 2023 flash Eurobarometer, 43% of 
respondents in Romania select public TV and radio stations (including their online presence) 
as  a  news  source  they  trust  most174.  However,  TVR1,  the  main  channel  of  the  public 
broadcaster, only attracted 1.4% share of viewing in 2023, down from 2.1% in 2022, which 
pales  in  comparison  to  that  of  private  channels175,  the  second  most  trusted  source  for 
respondents  (38%)176.  The  lack  of  adequate  financial  resources  for  the  fulfilment  of  their 
public  service  mission  is  presented  as  a  reason  for  the  PSM  having  difficulties  to  provide 
relevant content177. This is true in particular for TVR: 80% of the TVR budget serves to pay 
salaries  and  the  remaining  20%  is  insufficient  to  purchase  or  produce  competitive, 
informative content178. This lack of funding appears to hamper the ability of the public TV 
to fulfil its public service mandate. The public radio, on its side, is among the top stations in 
the country179. Overall, no progress has been made on the recommendation made in the 2023 
Rule of Law Report. 

Despite  a  strong  legal  framework  and  the  application  of  penalties,  some  political 
parties  are  reported  to  have  increased  their  financing  of  private  media  for  political 
advertising.  This  financing,  which  has  become  a  significant  share  of  the  overall  TV 
advertising market in Romania, also affects online and local media180. Journalists and CSOs 

169  2024 Rule of Law Report, Country Chapter on the rule of law situation in Romania, p. 17. 
170  2024 Media Pluralism Monitor, country report for Romania, p. 17.  
171  The2023 Rule of Law Report, Country Chapter on the rule of law situation in Romania, p. 3, reported that 
there  had  been  no  progress  on  strengthening  the  rules  and  mechanisms  to  enhance  the  independent 
governance and editorial independence of public service media taking into account the European standards 
on public service media. 

172  Legislative proposal to amend Law no. 41/1994 of 17 June 1994, on the organisation and  functioning of the 

Romanian Broadcasting Company and the Romanian Television Company, Pl-x. nr. 262/2021. 

173  2022 and 2023 Rule of Law Reports, Country Chapter on the rule of law situation in Romania, p. 22.  
174  European Parliament, Flash Eurobarometer, Media & News Survey 2023, p. 44.  
175  Paginademedia.ro, AUDIENŢELE ANULUI 2023 după media pe zi. Cum s-a văzut competiţia televiziunilor 
anul trecut. Consumul TV în continuare în scădere. Televiziunile de ştiri, pe minus. Posturile de filme au fost 
pe plus, 5 January 2024. 

176  European Parliament, Flash Eurobarometer, Media & News Survey 2023. 
177  Information received in the context of the country visit to Romania from TVR. 
178  Information received in the context of the country visit to Romania from TVR. 
179  Information  received  in  the  context  of  the  country  visit  to  Romania  from  TVR;  2024  Media 

Pluralism Monitor, country report for Romania, p.p. 7 & 22. 

180  Information received in the context of the country visit to Romania from journalists; Active Watch (2023), 
Political parties, money and the media - a toxic relationship, p 12. According to information received from 

21 

 
 
 
report that some political parties spent around 39.3 million lei (EUR 8 million) in 2022 on 
electoral  audiovisual  content  presented  to  the  audience  as  journalistic  content  and  not  as 
advertisement  and that a similar or higher amount would have been spent  in  2023, mainly 
through the websites of TV stations181. The audiovisual law prohibits the sponsoring of news 
and  current  affairs  programmes182,  while  the  audiovisual  content  regulation  code  prohibits 
advertising,  positive  or  negative,  in  relation  to  political  parties,  politicians,  political 
messages,  except  during  election  campaign  periods183.  Although  the  CNA  imposed  5 
injunctions and 2 fines for non-compliance with these regulations184, these penalties do not 
seem  to  be  effectively  dissuasive185.  The  law  on  the  financing  of  political  parties’  activity 
and electoral  campaigns  sets  the principle of transparency of revenue and expenditure and 
provides  that  expenses  related  to  electoral  campaigns  should  be  notified  to  the  Permanent 
Electoral  Authority186.  Stakeholders  report  that  some  political  parties  involved  in  this 
financing invoke the confidentiality clauses of the commercial contracts they conclude with 
intermediary  companies  or  directly  with  media  companies  so  as  not  to  disclose  why  they 
direct money to these media187. According to stakeholders, the bill188 to reform the law on 
the  financing  of  political  parties  pending  in  Parliament  would  still  not  solve  the  lack  of 
transparency on how political parties direct money to the media189. 

There  have  been  no  significant  improvements  to  the  legal  framework  on  access  to 
information. A bill190 intended to update the freedom of information act191 is still pending 
approval. Stakeholders express concerns that the current law is not efficiently enforced, and 
that  the  protection  of  personal  data  is  often  used  as  a  blanket  reason  to  refuse  access  to 
documents. Some political parties have refused to comply with courts’ decisions to provide 
data192. 

Freedom House in the context of the country visit to Romania, up to 90% of local media would be receiving 
money from public authorities and very few media outlets at local level would publish articles critical of the 
public  sector;  MFRR  (2022),  Romania:  the  interference  of  parties  in  the  media;  2024  Media  Pluralism 
Monitor, country report for Romania, p. 25.  

181  Information  received  in  the  context  of  the  country  visit  to  Romania  from  journalists  and  Expert  forum, 
Freedom House, Funky Citizens; Libertatea (2023), INVESTIGAȚIE Un milion de euro din bani publici de 
la  PNL  pentru  site-ul  Digi24.  Articolele  nu  au  fost  marcate  cu  semnul  P–publicitate,  dar  au  fost  trimise 
pentru plată la partid cu semnul P–publicitate, dar au fost trimise pentru plată la partid, 12 December 2023; 
Mapping Media Freedom (2023), PSD refuses to provide Libertatea information related to media spending 
and contracts with press, 1 October 2023; 2024 Media Pluralism Monitor, country report for Romania, p.p. 
11, 12 & 22. 

182  Audiovisual Law 504/2002, art. 34(4). 
183  Audiovisual content regulatory code of 24 February 2011, art. 139. 
184  CNA (2023), Annual report, page 120. 
185  Active Watch (2023), Political parties, money and the media - a toxic relationship, p 8. 
186  Law on the financing of political parties’ activity and electoral campaigns 334/2006, arts. 1 and 28.  
187  Mapping  Media  Freedom:  ‘PSD  refuses  to  provide  Libertatea  information  related  to  media  spending  and 

contracts with press’, 1 October 2023. 

188  Legislative  proposal  for  amending  and  supplementing  Law  no.  334/2006  on  financing  the  activity  of 

political parties and electoral campaigns, L313/2023. 

189  Active Watch (2023), ‘Political parties, money and the media - a toxic relationship’, p. 5. 
190  Draft  Law  for  the  transparency  of  information  of  public  interest  and  the  ease  of  access  for  citizens  by 
amending  and  supplementing  Law  no.  544/2001  on  free  access  to  information  of  public  interest,  PL-x 
529/2020. 

191  Law on free access to information of public interest 544, of 12 October 2001. 
192  Information received in the context of the country visit to Romania from journalists. Contribution from the 
Association Center for Public Innovation for the 2024 Rule of Law Report, page 19; Active Watch (2023), 

22 

 
 
 
Threats  and  instances  of  harassment  against  journalists  remain  an  issue  and 
commercial and political pressure on editorial independence affects journalists’ work. 
The  Council  of  Europe’s  Platform  to  Promote  the  Protection  of  Journalism  and Safety of 
Journalists  registers  13 active alerts  in  total193. Romania has  replied to  12 alerts,  and there 
has  been  progress  in  two  of  them.  Journalists  report  that  strategic  lawsuits  against  public 
participation  (SLAPPs)  remains  an  issue,  although  the  data  is  scarce194.  Commercial 
pressure  from  media  owners  and  advertisers  also  affects  journalists’  work195.  In  a  case 
involving  two  mainstream  media  outlets196,  almost  100  journalists  confirmed  this  type  of 
editorial pressure197. CNA issued a press  release expressing its concern about the situation 
reported  by  the  journalists  “on  whom  the  employers  exercised  pressure  to  eliminate  the 
separation  between  commercial  and  editorial”198.  The  case  has  been  highlighted  by  both 
national and international journalists’ associations199. Similar issues arguably affect the local 
level,  where journalists are afraid  of losing their jobs  if they do not  follow media owners’ 
directions200.  In  the  smear  campaign  against  an  investigative  journalist,  referred  to  in  the 
2023 Rule of Law Report201, the Prosecutor’s Office closed the investigation in November 
2023, arguing that ‘the offences’ – including the publication of stolen private photos and the 
presumed disclosure of evidence held by the police – ‘were not provided for by the criminal 
law’202. International press organisations criticised this decision203, which the journalist has 

Political parties, money and the media  - a toxic relationship, p 8. 2024 Media Pluralism Monitor, country 
report for Romania, p. 14. 

193  Council of Europe, Platform to promote the protection of journalism and safety of journalists, Romania. 
194  Center for the Independent Journalism Romania (2023), Case study – SLAPP in Romania. 
195  2024  Media  Pluralism  Monitor,  country  report  for  Romania,  p.  28:  ‘Commercial  and  political  pressures, 
combined with relatively limited regulation, leave journalists and journalistic norms vulnerable to the whims 
of owners, clients and other factors’. 

196  In 2023, the owner of two mainstream media outlets, Gazeta Sporturilor and Libertatea, asked the editor-in-
chief to provide advance copies of articles concerning advertisers that buy advertisement space from these 
publications. The editor in chief and the editorial coordinator eventually  were asked to leave the company, 
which dismissed accusations of editorial interference and argued differing views on the strategic direction of 
the paper. GSP.RO (2023), Gazeta Sporturilor announces leadership transition as the Editor-in-Chief Cătălin 
Tepelin  departs,  3  October  2023;  Mapping  Media  Freedom  (2023),  Editor-in-chief  of  Gazeta  Sporturilor 
forced by Ringier management to resign after opposing pressure on editorial independence, 2 October 2023; 
2024 Media Pluralism Monitor, country report for Romania, pp. 10 & 19. 

197  Libertatea  (2023),’GSP  și  Libertatea  informează  publicul:  după  ce  am  refuzat  cererile  unor  manageri  din 
conducerea  Ringier  de  a  arăta  în  avans  articolele  despre  firmele  de  jocuri  de  noroc  care  sunt  clienți  de 
publicitate, Ringier a cerut luni, 2 octombrie, plecarea redactorului-șef al GSP, Cătălin Țepelin. Ne opunem’, 
3 October 2023. 

198  CNA (2023), Press release, 4 October 2023. 
199  MediaSind  (2023),  The  International  Federation  of  Journalists  condemns  the  editorial  interventions  of  the 
RINGIER Media Group, 5 October 2023; PaginadeMedia (2023), ‘How Romania's biggest sports newspaper 
killed  betting’.  ‘What  the  Swiss  wouldn't  do  for  money’  -  GSP-Ringier  case,  in  newspapers  around  the 
world,  17  November  2023;  International  Federation  of  Journalists  IFJ  (2023),  Romania:  IFJ  condemns 
editorial  interference  by  Ringier  Media  Group,  5  October  2023;  Center  for  Independent  Journalism  CJI 
(2023), Ringier management infringes editorial independence of GSP and Libertatea, 4 October 2023. 

200  Information received in the context of the country visit to Romania from journalists; 2024 Media Pluralism 

Monitor, country report for Romania, p.p. 10 & 19. 

201  Case of Emilia Sercan, 2023 Rule of Law Report, Country Chapter on the rule of law situation in Romania, 

p. 24. 

202  Mapping Media Freedom (2023), Journalist Emilia Sercan victim of smearing campaign after investigating 

PM’s plagiarism, 4 April 2022; 2024 Media Pluralism Monitor, country report for Romania, p. 14. 

203  International  Press  Institute  IPI  (2023),  Romania:  Dismay  at  abrupt  closure  of  investigation  into  smear 

campaign against journalist, 7 November 2023. 

23 

 
 
appealed against204.  

IV.  OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES 

Romania is a semi-presidential representative democratic republic. The Romanian Parliament 
is  bicameral,  comprising  the  Senate  (the  upper  house),  and  the  Chamber  of  Deputies  (the 
lower  house).  The  Government,  Deputies,  Senators,  or  a  group  of  no  less  than  100.000 
citizens  have  the  right  of  legislative  initiative205.  The  Constitutional  Court  is  competent  to 
review  the  constitutionality  of  laws  and  to  settle  conflicts  of  constitutional  nature  between 
public  authorities206.  Romania  does  not  yet  have  an  accredited  National  Human  Rights 
Institution that complies with the UN Paris Principles. The National Council for Combating 
Discrimination is the equality body. 

With  persisting  shortcomings  in  the  consultation  process,  there  has  been  no  further 
progress  in  ensuring  effective  public  consultations.  The  2023  Rule  of  Law  Report 
recommended to Romania to ‘[s]tep up efforts to ensure effective public consultations before 
the  adoption  of  legislation’.  The  General  Secretariat  of  the  Government  coordinates207  the 
publication  and  updating  of  information  on  the  decision-making  transparency  portal208, 
launched in March 2019. This portal serves as a catalogue of draft legislative acts in public 
consultation at central public administration level209. It aims to promote the participation of 
citizens and civil society in the decision-making process210. However, there are a number of 
shortcomings,  notably  due 
late  publication  of  drafts  submitted  for  public 
consultation211, and many CSOs also reported on being excluded from consultation processes 

the 

to 

204  The High Court of Cassation and Justice has asked the Prosecutor General to reopen the investigation. 
205  Art. 74, Constitution of Romania. The citizens who exercise their right to a legislative initiative must belong 
to  at  least  one  quarter  of  the  country's  counties,  while,  in  each  of  those  counties  or  the  Municipality  of 
Bucharest, at least 5 000 signatures should be registered in support of such initiative. 

206  Constitution of Romania, Art. 146.  
207  In  accordance  with  Government  Decision  No  137/2020,  as  subsequently  amended  and  supplemented, 
notably by provisions of Article III of Government Decision No 830/2022 amending and supplementing the 
Implementing  Rules  for  Law  No  544/2001  on  free  access  to  information  of  public  interest,  approved  by 
Government Decision No 123/2002 and Article 12 of the Methodological Rules for the application of Law 
No 52/2003 on the transparency of decision-making in the public administration, approved by Government 
Decision  No  831/2022,  according  to  which  the  General  Secretariat  of  the  Government  will  develop  the 
functionalities of the E- Consultation platform and shall approve, by order of the Secretary-General of the 
Government,  the methodology  for  its  use,  within  18  months  of  the  entry  into force of  the  aforementioned 
decisions. 

208  http://www.e-consultare.gov.ro/. 
209  Statistical  information  of  10  January  2023:  total  number  of  draft  legislative  acts  uploaded:  7 409;  total 
number  of  uploaded  draft  legislative  acts  for  which  public  debates  were  held:  72;  total  number  of 
suggestions/recommendations submitted through the platform: 1 041; total number of subscribers: 565; total 
number of newsletters sent to subscribers: 184. 

210 The extension of the functionalities of this website also corresponds to Component 14 on Good Governance, 
Milestone  407  of  the  Romanian  RRP:  ‘The  process  of  public  consultation  and  stakeholder  involvement 
[should  be]  improved  with  a  20  %  increase  in  the  number  of  draft  legislative  acts  subject  to  public 
consultation and stakeholder involvement at central level’. 

211  As mentioned in the Report on the operationalisation of the e-Consultation Platform, in the period January 
2023 – January 2024, which can be downloaded on the website. Other shortcomings mentioned are: no date 
of  publication  of  draft  legislative  acts,  non-standard  publication  of  notices  and  debates. The  OECD(2023) 
Civil  Space  Review  of  Romania,  p.  22,  sees  as  a  main  challenge  the  need  to  improve  the  current  legal 
framework and strengthen use of the e-consultation platform. 

24 

 
 
or  involved  only  at  a  too  late  stage212.  Normally  the  minimum  timeframe  for  a  public 
consultation  should be 10 days213, but  it is  often less214. Some stakeholders maintained that 
their input was rarely taken into account215, often not published and reasons for rejection not 
disclosed216. It also seems that public access to the works of the parliamentary commissions and 
plenary  sessions  is  difficult  to  obtain217.  The  use  of  ex  ante  regulatory  impact  assessments 
continues to be below the EU average218. Therefore, no further progress has been made on the 
implementation of the recommendation made in the 2023 Rule of Law Report.  

Considerable  efforts  are  being  made  to  increase  the  quality  and  transparency  of  the 
decision-making  process  but  the  use  of  government  emergency  ordinances,  albeit 
decreasing,  remains  frequent.  Since  November  2023,  the  Legislative  Council  has  been 
publishing  consolidated  legislation  on  its  website219.  It  also  intends  to  develop  a  software 
application,  which  would  facilitate  the  drafting  of  laws  in  compliance  with  the  rules  of 
legislative technique, as provided for by Law No. 24/2000220. The Government is still making 
frequent use of emergency ordinances (GEOs)221, though their number is decreasing222. This 
is  a  source  of  concern,  including  for  companies223,  in  particular  when  GEOs  are  used  for 

212  OECD (2023) Civil Space Review of Romania, p. 25. CSOs perceive consultations as box-ticking exercises 
where they are not given sufficient time to review draft policies or laws and where their recommendations 
are rarely taken into account, with little or no explanations as to why. 

213  Art. 7 of Law No 52/2003 on transparency in decision  making. Even when this timeframe is respected for 
the  consultation,  it  is  not  always  considered  by  CSOs  as  sufficient  in  case  of  complex  proposals. 
Contribution from ENNRHI for the 2024 Rule of Law Report, p. 426. The contribution cites a report from 
APADOR-CH from October 2023 denouncing a 10-day-consultation opened about three draft laws, with the 
acknowledged  aim  to  protect  fundamental  rights  among  other  things,  and  amending  seven  laws  and 
ordinances. See also GRECO Fifth Evaluation Round – Evaluation Report, assessment p. 25. 

214  Information received in the context of the country visit to Romania from the Romanian Institute for Human 

Rights. 

215  Information  received  in  the  context  of  the  country  visit  to  Romania  from  CSOs  (Expert  Forum,  Funky 

Citizens, Freedom House and the Foundation for the Development of civil society). 

216  GRECO  Fifth  Evaluation  Round  –  Evaluation  Report,  recommendation  ix,  p.  67  and  assessment  p.  25. 
Contribution  from  ENNRHI  for  the  2024  Rule  of  Law  Report,  p.  427.  The  contribution  cites  a  petition 
addressed  by  the  National  Council  of  Disability  in  Romania  to  the  Ministry  of  Labour,  noting  a  lack  of 
responsiveness on the part of the public authorities as regards the steps to be taken to respect the rights of 
people with disabilities. 

217  Contribution of ILGA-Europe for the 2024 Rule of Law Report, p. 19. 
218  European Commission (2024), 2024 European Semester, Country reports: Romania, p. 67. 
219  Website of the Legislative Council, Press release of 9 November 2023, http://www.clr.ro/media/comunicate-

de-presa/.  

220  Written input of Romania to the 2024 Rule of Law Report. 
221  According  to  the  Legislative  Council,  as  in  previous  years,  the  use  of  GEOs  for  instance  allowed  for  the 
transposition  of  EU  directives  (in  case  of  imminent  infringement  procedure),  the  adoption  of  fiscal-
budgetary  measures  and  measures  taken  in  the  context  of  Russia’s  war  of  aggression  against  Ukraine. 
Written input of Romania to the 2024 Rule of Law Report. 

222  131 GEOs out of 522 normative acts were adopted in 2023, as compared to 192 out of 621 in 2022 and 145 
out of 1685 in 2021. Input from Romania for the 2023 Rule of Law Report, pp. 38-39 and for the 2024 Rule 
of Law report, pp. 48 and 49. One Government Emergency Ordinance can amend the provisions of several 
laws. 

223  Information  received  in  the  context  of  the  country  visit  to  Romania  by  the  Romanian  Foreign  Investment 
Council. In Romania, 35% of the surveyed companies perceive the quality of law-making and the frequent 
changes in legislation as a reason for the lack of confidence in the investment protection in Romania. Figure 
56, 2024 EU Justice Scoreboard. 

25 

 
 
politically sensitive topics224 and important reforms225. The 2023 Rule of Law Report noted 
that  the  extensive  use  of  GEOs  raises  concerns,  notably  due  to  the  derogatory  rules  on 
shortened  public  consultations,  limited  constitutional  review  and  delayed  approval  by 
Parliament following their entry into force226. In addition, when a GEO is to be adopted by 
the government, the Legislative Council has  only 24 hours to  issue its advisory opinion, to 
ensure its quality227. The GRECO shares these concerns and in 2023, made recommendations 
to  address  the  situation228.  As  required  by  the  recovery  and  resilience  plan,  a  new 
methodology for the use of GEOs was adopted in September 2022 with the aim of fostering 
good  practices  in  their  elaboration,  substantiation  and  consistent  use229.  The  new 
methodology’s impact has so far not been evaluated and it is therefore difficult to determine 
the  extent  to  which  it  has  improved  the  effectiveness  of  the  consultation  process230.  The 

224  See e.g., GEO No. 21/2024, which pertains to certain measures for the organisation and conduct of elections 
for  members  from  Romania  to  the  European  Parliament  in  2024  and  for  local  public  administration 
authorities in 2024; it gave rise to debates, since emergency ordinances should not be used to amend rules of 
the elections, in particular a few months before the elections taking place. See also GEO No. 34/2023 of 15 
May 2023 suspending the filling by competition or examination of vacant positions in public institutions or 
authorities  until  31  December  2023,  which  was  prolonged  until  the  end  of  2024  (see  para.  on  quality  of 
justice);  GEO  No  115/2023  of  December  2023,  which  restricts  CSO’s  ability  to  receive  sponsorship  (see 
paragraph on CSOs). 

225  GEOs have been adopted for key investments and major reforms related to the six main pillars established 
by  the  Recovery  and  Resilience  Plan  (RRP).  While  the  authorities  explained  that  these  measures  were 
needed for a swift implementation of the RRP,  some stakeholders regretted that it did not allow for public 
debate in relation to these investments and reforms. See written input of Romania to the 2024 Rule of Law 
Report.  See  also  contribution  from  the  Center  for  Public  Innovation  for  the  2024  Rule  of  Law  Report, 
mentioning the amicus curiae position it sent with 2 other CSOs to the Constitutional Court. This document 
reports  about  the  adoption  without  consultation  of  16  emergency  ordinances  related  to  the  Recovery  and 
Resilience Facility and concludes that the legislation related to how the  RRF funds are spent was adopted 
without  proper  consultation.  See  concurring  information  received  in  the  context  of  the  country  visit  to 
Romania from Funky Citizens. 

226  2023 Rule of Law Report, Country Chapter on the rule of law situation in Romania, p.25. See also OECD 
(2023),  Civic  Space  Review  of  Romania,  p.21.  A  Government  Emergency  Ordinance  of  March  2022 
expanded the exception to the general procedures on transparency to ‘emergency situations’. CSOs warned 
that  this  allowed  the  government  to  classify  many  draft  legislations  as  urgent  and  thus  avoid  the  public 
consultation  process.  The  Ombudsperson  challenged  the  Government  Emergency  Ordinance  before  the 
Constitutional Court. In July 2024, no progress had been made on the case. In September 2023, three civil 
society organisations sent an amicus curiae position to the Constitutional Court, urging it to debate and rule 
on the exception raised by the Ombudsperson. Written contribution from the Romanian Institute for Human 
Rights  (RIHR)  in  the  context  of  the  country  visit  to  Romania;  contribution  from  FRANET  to  the 
Fundamental Rights Report 2024 – Romania, p. 19. The RIRH is of the opinion that the Constitutional Court 
refuses to discuss this issue.  

227  Input from the Legislative Council during the country visit. 
228  GRECO Fifth Evaluation Round – Evaluation Report, recommendation viii, p. 67 and assessment p. 23. 
229  Milestone  411  of  Romania’s  RRP,  part  of  the  3rd  payment  request  which  is  currently  under  assessment, 
requires the ‘entry into force of the Methodology for the use of Emergency Ordinances’, intended to ‘specify 
the circumstances under which these ordonnances may be used and how their impact shall be assessed (ex 
post,  ex  ante)  as  well  as  the  associated  procedures  for  their  preparation  and  approval  and  the  role  of 
Government  Secretariat  General  and  Ministry  of  Justice  for  ensuring  gatekeeping  and  overall  quality 
control’.  See  Annex  to  Council  Implementing  Decision  15833/23  amending  the  Council  Implementing 
Decision 12319/21, pp. 508-509. The methodology, adopted through Government Decision 1173/2022, is not 
creating new rules, but consolidating all the applicable rules deriving from the Constitution, legislation and 
other relevant regulatory acts, and describing the procedures for their initiation and adoption.  

230  See FRANET contribution to the 2024 Fundamental Rights Report, p. 16. 

26 

 
 
drafting of a new Administrative Procedure code is underway, which will include provisions 
on transparency in decision-making231. 

On  1  January  2024,  Romania  had  115  leading  judgments  of  the  European  Court  of 
Human  Rights  pending  implementation,  an  increase  of  two  compared  to  the  previous 
year232.  At  that  time,  Romania’s  rate  of  leading  judgments  from  the  past  ten  years  that 
remained  pending  was  at  59%  (compared  to  60%  in  2023),  and  the  average  time  that  the 
judgments  had  been  pending  implementation  was  over  5  years  and  5  months  (compared  to 
over 4 years and 8 months in 2023)233. The oldest leading judgment, pending implementation 
for  18  years,  concerns  the  right  to  protection  of  property  due  expropriations  and 
nationalisations234. As regards the respect of payment deadlines, on 31 December 2023 there 
were 176 cases in total awaiting confirmation of payments (compared to 215 in 2022)235. On 
1  July  2024,  the  number  of  leading  judgments  pending  implementation  had  increased  to 
116236. Measures have been taken to reduce the high number of judgments of the European 
Court  of  Human  Rights  pending  implementation.  In  2023,  121  cases  have  been  closed237. 
This  is  the  highest  number  of  closures  since  2016.  Information  on  the  implementation  of 
other cases has been sent to the Council of Europe238. In April 2023, a specific office was set 
up  in  the  Secretariat  General  of  the  Government  (SGG),  the  Office  for  the  Execution  and 
Monitoring  of  ECHR  judgments239,  to  deal  in  particular  with  judgments  on  the  non-
application or delayed application of national court decisions240. A significant number of non-

231  Contribution from ENNRHI for the 2024 Rule of Law Report, p. 428. At the end of 2023, the preamble of 
the Code was adopted by Government Decision No 946/2003, which provides at point IV.h. that  ‘the Code 
must guarantee respect for the fundamental rights of citizens, in particular the right to participate in decision-
making and the right to information’.  

232  The adoption of necessary execution measures for a judgment by the European Court of Human Rights is 
supervised by the Committee of Ministers of the Council of Europe. It is the Committee’s practice to group 
cases against a State requiring similar execution measures, particularly general measures, and examine them 
jointly. The first case in the group is designated as the leading case as regards the supervision of the general 
measures and repetitive cases within the group can be closed when it is assessed that all possible individual 
measures needed to provide redress to the applicant have been taken. 

233  All figures are calculated by the European Implementation Network and are based on the number of cases 
that  are  considered  pending  at  the  annual  cut-off  date  of  1  January  2024.  See  the  Contribution  from  the 
European Implementation Network for the 2024 Rule of Law Report, p. 7. 

234  Judgment of the European Court of Human Rights of 21 July 2005, Strain and Others v. Romania, 57001/00, 

pending implementation since 2005. 

235  Council  of  Europe  (2024),  Supervision  of  the  execution  of  judgments  decisions  of  the  European  Court  of 

Human Rights – 17th Annual Report of the Committee of Ministers – 2023, p. 138.  

236  Data according to the online database of the Council of Europe (HUDOC). 
237  Council of Europe (2024), Supervision of the execution of judgments and decisions of the European Court of 
Human  Rights  in  2023,  p.  104.  The  closure  of  the  supervision  of  the  enforcement  of  several  ECHR 
judgments in leading cases was obtained, notably the judgment of 5 May 2020 in Kövesi (3594/19) and the 
judgment of 20 October 2020 in Camelia Bogdan (36889/18). 

238  Written input from Romania to the 2024 Rule of Law Report and the Council of Europe. 
239  Competitions were held to fill the post of Head of Office and a post of Legal Adviser. 
240  Work started in particular on the Săcăleanu group of judgments (Judgment of the European Court of Human 
Rights of 5 September 2005 in case 73970/01, which is about longstanding structural disfunctions related to 
the  non-implementation  or  delayed  implementation  of  national  final  court  decisions  by  the  State  or  legal 
persons  under  the  responsibility  of  the  State).  However,  with  Government  Decision  No.  1303/2023  of  22 
December 2023, this office has been removed from the SGG organisational chart, while the SGG has kept 
this attribution. The provision in Government Decision No. 137/2020 establishing that the SGG monitors the 
execution of ECtHR judgments finding violations of the European Convention on Human Rights as result of 
the  non-implementation  of  judgments  against  public  debtors  in  Romania  has  not  been  abolished.  See  also 

27 

 
 
 
executed judgments concern human rights violations of persons admitted into mental health 
care  institutions,  in  particular  because  they  are  forcibly  detained,  or  because  they  are 
receiving treatments against their will241. In this respect, an Action Plan was adopted by the 
Government on 16 May 2024242.   

There has been some progress on obtaining accreditation for a National Human Rights 
Institution. The 2023 Rule of Law Report recommended to Romania to ‘[s]tep up efforts to 
obtain the accreditation  of a National  Human Rights Institution  taking into  account  the UN 
Paris  Principles’243.  The  Romanian  Institute  for  Human  Rights  (RIHR)  concluded  a 
collaboration agreement with the Ombudsman in accordance with Article 6.3(i) of the Rules 
of Procedure for the GANHRI Sub-Committee on Accreditation244, in order to allow for the 
assessment  of  the  accreditation  of  both  institutions.  The  GANHRI  sub-committee  on 
accreditation had provisionally placed the consideration of the accreditation of both the RIHR 
and  the  Ombudsman  on  its  schedule  for  the  second  session  of  2024245.  The  sub-committee 
however informed the two institutions that they will be invited to submit their application for 
accreditation only when all the requirements of Article 6.3 of the Rules of Procedure for the 
GANHRI  Sub-Committee  on  Accreditation  are  met246.  Recently,  the  Government  has 
formally expressed its consent to support the accreditation of the two national human rights 
institutions:  RIHR  and  Ombudsman.  The  UN  Committee  on  Economic,  Social  and  Cultural 
Rights247 and some stakeholders consider that further legislation would be needed for the two 

FRANET National contribution to the Fundamental Rights Report 2024. – Romania, and contribution from 
the Centre for Public Innovation to the 2024 Rule of Law Report, p. 21. 

241  H/Exec(2023)5  -  Memorandum  -  Parascineti  (Application  No.  32060/05),  Cristian  Teodorescu  group 
(Application No. 22883/05) and N. group (Application No. 59152/08) v. Romania. In view of the gravity of 
the situation in certain institutions, a working group was set up in Bucharest, which will make proposals to 
be endorsed by the government. These proposals might have huge financial implications. Consultations are 
also ongoing between Romanian authorities and the Council of Europe: Visit to Romania: Consultations on 
the  execution  of  judgments  concerning  rights  of  people  with  mental  health  conditions  or  disabilities  - 
Department for the Execution of Judgments of the European Court of Human Rights (coe.int). 

242  DH-DD(2024)635,  Action  Plan  (04/06/2024)  Communication  from  Romania  concerning  the  cases  of 
CRISTIAN  TEODORESCU  v.  Romania  (Application  No.  22883/05),  PARASCINETI  v.  Romania 
(Application  No.  32060/05),  R.D.  and  I.M.D.  v.  Romania  (Application  No.  35402/14),  ATUDOREI  v. 
Romania  (Application  No.  50131/08),  N.  v.  Romania  (Application  No.  59152/08),  TICU  v.  Romania 
(Application  No.  24575/10),  CENTRE  FOR  LEGAL  RESOURCES  ON  BEHALF  OF  VALENTIN 
CAMPEANU (Application No. 47848/08), N. (No 2) (Application No. 38048/18). 

243  After the 2022 Rule of Law Report had recommended to Romania to continue efforts to establish a National 
Human  Rights  Institution  taking  into  account  the  UN  Paris  Principles,  the  2023  Rule  of  Law  Report  had 
concluded that there has been no further progress on obtaining accreditation for the National Human Rights 
Institution. 2023 Rule of Law Report, Country Chapter on the rule of law situation in Romania, p. 27. 

244  Input from Romania to the 2024 Rule of Law Report, p. 46. Article 6.3 is about applications by more than 
one  NHRI  in  a  UN  Member  State.  Written  contribution  from  RIHR  in  the  context  of  the  country  visit  to 
Romania.  

245  Contribution from ENNRHI for the 2024 Rule of Law Report, p. 423 and information received in the context 
of the country visit to Romania from the Ombudsman. Both the RIHR and the Ombudsman have a general 
mandate  in  the  field  of  human  rights,  but  they  have  different  competences.  The  RIHR  is  an  associate 
member of ENNRHI, which is not the case of the Ombudsman. 

246  A written consent from the Government was still missing in this regard. Written contribution from RIHR in 

the context of the country visit to Romania.  

247  In its Concluding observations on the sixth periodic report of Romania, at its 29th meeting, held on 1 March 
2024,  the  Committee  recommended  that  [Romania]  adopts  legislative  measures,  particularly  in  relation  to 
Law No. 9/1991 on the Establishment and Functioning of the Romanian Institute for Human Rights, to bring 
the  Romanian Institute  for  Human  Rights  into full  compliance  with  the principles  relating  to  the  status  of 
national  institutions  for  the  promotion  and  protection  of  human  rights  (the  Paris  Principles),  including  by 

28 

 
 
 
institutions to  fulfil the accreditation criteria248. The European Network of  National  Human 
Rights  Institutions  (ENNHRI)  expressed  concerns,  in  a  letter  addressed  to  the  Romanian 
authorities,  about  the  “reported  lack  of  an  enabling  environment  for  the  operation  of  the 
RIHR  and  recommends  to  the  Romanian  authorities  to  take  urgent  action  to  address  the 
situation”249. ENNRHI is  particularly  concerned  about  the financial conditions  faced by the 
RIHR  due  to  the  lack  of  adequate  State  funding,  leading  to  a  vacancy  rate  of  60%,  which 
affects  expert-level  staff250.  The  ENNHRI  is  also  concerned  about  the  inadequacy  of  the 
RIHR’s  legal  framework,  which  it  considers  negatively  impacting  on  its  functioning  and 
efforts to comply with the UN Paris Principles251. Overall, there has been some progress on 
the implementation of the recommendation made in the 2023 Rule of Law Report. 

Draft  legislation  and  an  upcoming  new  strategy  could  contribute  to  improving  the 
situation  of  civil  society  organisations,  which  continue  to  face  legal  and  financial 
challenges.  The  civil  society  space  continues  to  be  assessed  as  narrowed252.  Romania  is 
taking  steps  to  develop  the  country’s  first  national  open  government  strategy,  which  is 
expected  to  be  adopted  by  the  Government  before  mid-2026253.  A  draft  law  amending 
Government Order No. 26/2000 on associations and foundations254, developed in consultation 
with  CSOs255, was approved by the Senate in  December 2023 and is  now examined by the 
Chamber of Deputies.  It simplifies the functioning of associations and foundations, notably 
with  increased  digitalised  and  less  bureaucratic  procedures256.  The  current  situation  is 
considered  as  insufficient  by  some  CSOs257,  which  view  the  lack  of  sustainable  funding  as 

further strengthening its independence and by providing it with adequate financial and human resources to 
effectively and independently carry out its mandate. 

248  Contribution  from  the  Centre  for  Public  Innovation  to  the  2024  Rule  of  Law  Report,  p.  20;  FRANET 

contribution to the 2024 Fundamental Rights Report, p. 23. 

249  Letter received with a written contribution from the Romanian Institute for Human Rights in the context of 

the country visit to Romania. 

250  For example, the RIHR was not given enough funding when being assigned a role in the implementation of 
Recommendation  (EU)  2022/758  in  relation  to  strategic  lawsuits  against  public  participation  (SLAPP). 
Ibidem and Contribution from ENNRHI for the 2024 Rule of Law Report, p. 425. 

251  Ibidem. The  Paris  principles  require  NHRIs  to  be  independent  in  law,  membership, operations,  policy  and 
control of resources; to have a broad mandate; pluralism in membership; broad functions; adequate powers; 
adequate resources; cooperative methods; and engage with international bodies. 
252  Rating by CIVICUS: ratings are open, narrowed, obstructed, repressed and closed. 
253  Romania’s National Recovery and Resilience Plan includes a target to adopt the country’s first national open 
government  strategy  (Romania,  National  Recovery  and  Resilience  Plan,  Section  14  –  ‘Good  governance’, 
target 407). This target, due by Q2 2026 and part of the 8th payment request, is correlated with Romania’s 
objective  to  join  the  Organization  for  Economic  Development  and  Cooperation  (OECD),  which  requires 
improving the civic space wellbeing to meet OECD’s standards. 

254  Registered at the Chamber of Deputies under reference 763/11.12.2023.  

Possible update. 

255  FRANET contribution to the 2024 Fundamental Rights Report, p.27. 
256  Following a consultation process organised on the draft legislation in spring 2023, involving more than 200 
CSOs, improvements were made to the draft legislation, including: streamlining the procedure for changing 
the headquarters of CSOs, unification of the public registries of CSOs under the National Register of Non-
Profit Legal Entities held by the Ministry of Justice. Contribution from the Committee to Protect Journalists 
for  the  2024  Rule  of  Law  Report,  p.  19.  The  digitalisation  of  the  national  registry  of  associations  and 
foundations  was  particularly  welcome.  FRANET  National  contribution  to  the  Fundamental  Rights  Report 
2024 – Romania, p. 28. 

257  There seem to be no uniform interpretation of the procedures to register CSOs; any changes to the statute, 
including  with  regard  to  board  members  and  office,  must  be  approved  ex-post  following  judiciary 
proceedings to take effect.  Contribution from the  Jeunes Européens France  – Europe for the 2024 Rule of 
Law Report, p. 19. In addition, clarifications would be needed on the typologies of legal persons covered by 

29 

 
 
 
well  as  lengthy  and  burdensome  registration  proceedings  among  their  top  concerns258.  In 
addition, recent fiscal legislation259 restricts CSO’s ability to receive sponsorship since now 
they can only  receive sponsorship  that corresponds  to  up to  3,5% of the  tax that individual 
donors  pay  on  income  derived  from  wages  and  salaries.  CSOs  can  no  longer  receive 
sponsorship  from  self-employed  persons  or  independent  professionals260.  These  taxpayers 
could,  before  the  change  in  law,  decide  to  affect  part  of  their  taxes  to  associations  and 
foundations,  but  that  possibility  is  now  limited261.  Private  persons  and  companies  are  the 
main  funding  sources  for  CSOs262.  The  law  was  adopted  despite  the  important  protests  it 
generated.  CSOs  are  advocating  for  a  draft  law  that  would  prevent  the  dissolution  of  an 
association  or  foundation  as  a  result  of  a  public  interest  litigation263.  At  the  same  time,  a 
legislative  proposal  from  December  2023,  adopted  by  both  chambers  in  2024,  removes  the 
possibility  for  the  judge  to  decrease  the  costs  to  be  paid  by  one  party  to  the  other  (i.e.  the 
lawyers’  fees)264.  In  general,  several  CSOs  reported  that  they  feel  discouraged  to  launch 
proceedings in court, in particular against the national administration265. This includes access 

the law, the public utility status, the economic activities of NGOs and the publicity, accessibility, and range 
of information available to the third parties in the National Register. Contribution of the Foundation for the 
Development of Civil Society to the 2024 Rule of Law Report, p. 20. 

258  OECD (2023), Civic Space Review of Romania, p. 21 and p. 149: registration procedures take between one 
and three months, which is a long time compared to most other Member States of the EU and of the OECD. 
259  Government  Emergency  Ordinance  No  115/2023  of  December  2023:  the  self-employed  persons,  the 
independent professionals and the microenterprises (companies with a turnover up to EUR 60 000 that are 
taxed 1% on the revenues or up to EUR 500 000 that are taxed with 3% on the revenues instead of on their 
profit) can no longer make sponsorships. In addition, the Ordinance introduced the obligations for CSOs that 
receive money through sponsorship and other similar mechanisms to conduct a compulsory procedure that 
would generate a new declaration submitted along the annual financial statements. 

260  Contribution from ENNRHI for the 2024 Rule of Law Report, p. 430. 
261  Information received in the context of the country visit to Romania from the Romanian Institute for Human 

Rights; written contributions from CSOs for the 2024 Rule of Law Report  

262  Followed  by  EU  and  International  foundations.  World  Bank  (2020),  mentioned  in  OECD  (2023),  Civic 
Space Review of Romania, p. 21. Government funding contributes to 18% to financial needs of CSOs (p. 
153). Access to public funding seems to be discretionary, based on the political support an organisation has. 
Contribution of the Jeunes Européens France – Europe for the 2024 Rule of Law Report, p. 20. 

263  In  2023,  CSOs  lost  cases  against  real  estate  developers  in  court  and  had  to  pay  high  court  costs,  moral 
damages and even unrealised profits, which are not affordable for CSOs defending the public interest. These 
costs  brought  them  to  dissolution  in  one  case,  while  dissolution  in  another  case  was  avoided  thanks  to 
private donations. To find a solution to this kind of cases, a meeting was organised between CSOs and the 
Prime  Minister  office  but  without  concrete  results.  Written  information  from  FDSC  in  the  context  of  the 
country  visit 
to  Romania,  https://www.stareademocratiei.ro/2024/02/23/mai-multe-ong-uri-solicita-o-
intalnire-cu-premierul-pe-tema-ruletei-rusesti-din-justitie/. See letter to the Prime Minister on this platform, 
signed  by  13  CSOs.  See  also  complaint  from  Bankwatch  Romania  to  the  UN  Special  Rapporteur  on 
Environmental  Defenders,  claiming  persecution,  penalisation  and  harassment  acts  against  them  in 
connection  with  the  exercise  of  their  rights  under  the  Aarhus  Convention.  In  its  letter  to  Romanian 
authorities, the UN Special Rapporteur on Environmental Defenders expresses his ‘grave concerns about the 
(…) sequence of events [presented by the CSO] which appears to amount to an ongoing, serious campaign 
of harassment and intimidation specifically targeting Bankwatch Romania and its staff members because of 
the exercise of their rights under the Aarhus Convention’. 

264  The law, if enacted, will also place the burden of proof of the disproportionate payment against the value or 
complexity of that specific case or against the activity performed by the lawyer to the miscontent party. That 
might require specialised legal assistance that CSOs might not be able to afford and impact their ability/ will 
to  further  initiate  public  interest  legal  procedures.  Written  contribution  from  FDSC  in  the  context  of  the 
country visit to Romania. The draft law, initiated by the Parliament was adopted and it is now under ex-ante 
constitutional control. 

265  Information received in the context of the country visit to Romania by CSOs (Expert Forum, Funky Citizens, 

Freedom House and the Foundation for the Development of civil society). 

30 

 
 
to  information  cases pertaining, for example, to  the financing  of political  parties and to  the 
use of public funding266.  

266  Contribution from ENNRHI  for the 2024 Rule of Law  Report,  p. 428. 2 cases initiated  in 2021 on public 
funding received by political parties in electoral year 2020: no final court decisions in January 2024, another 
electoral year. On access to information, see pillar 3. 

31 

 
 
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2024 Rule of Law report 
can 
https://commission.europa.eu/publications/2024-rule-law-report-targeted-
stakeholder-consultation_en. 

found 

be 

at 

Active  Watch 
https://activewatch.ro/publicatii/breaking-news-democracy-freeex-digest-nr-3/. 

(2023),  FreeEx  Digest  no.  3,  Breaking  News  Democracy, 

Active Watch (2023), FreeEx Digest no. 4, Political parties, money and the media  - a toxic 
relationship,  https://activewatch.ro/publicatii/political-parties-money-and-the-media-a-toxic-
relationship-freeex-digest-no-4-english/. 

Center  for  the  Independent  Journalism  Romania  (2023),  Case  study  –  SLAPP  in  Romania. 
CNA  (2023),  Press  release,  4  October  2023,  https://cji.ro/en/slapp-in-romania-case-study/; 
https://cji.ro/en/ringier-management-infringes-editorial-independence-of-gsp-and-
libertatea/?utm_source=rss&utm_medium=rss&utm_campaign=ringier-management-
infringes-editorial-independence-of-gsp-and-libertatea. 

Centre for Media Pluralism and Media Freedom,  Monitoring Media Pluralism in the Digital Era in 
the year 2022 (2023) Country report: Romania. 

Complaint  from  Bankwatch  Romania  to  the  UN  Special  Rapporteur  on  Environmental 
Defenders  and  reply  from  RO  government,  https://unece.org/sites/default/files/2024-
04/ACSRC_2023_13_Letter%20Reply_Romania_16.04.2024.pdf. 

Național 

Annual 
Consiliul 
https://www.cna.ro/IMG/pdf/01_CNA_Raport_de_activitate_pe_anul_2023.pdf; 
release, https://www.cna.ro/Comunicat-de-pres,12875.html. 

Audiovizualului 

(2023), 

al 

Report, 
Press 

Council  of  Europe,  Platform  to  promote  the  protection  of  journalism  and  safety  of 
journalists, Romania. 

Council  of  the  European  Union  (2021),  Annex  N.2  to  the  Council  Implementing  Decision 
12319/21 on the approval of the assessment of the recovery and resilience plan for Romania, 
22  October  2021,  https://data.consilium.europa.eu/doc/document/ST-12319-2021-ADD-
1/en/pdf.  

Directorate for Investigating Organised Crime and Terrorism (2024), DIICOT 2023 Annual 
Activity 
2023), 
Activitate 
https://www.diicot.ro/images/documents/rapoarte_activitate/raport_2023.pdf. 

(Raport 

Report 

de 

e-Consultation  Platform,  Report  on  the  operationalisation  of  the  e-Consultation  Platform  in 
the period January 2023 – January 2024, which can be downloaded on the website. 

EPPO 
Report 
https://www.eppo.europa.eu/sites/default/files/2024-03/EPPO_Annual_Report_2023.pdf. 

Annual 

(2024), 

March 

2023, 

1 

2024, 

European  Commission  (2024),  Flash  Eurobarometer  on  Businesses’  attitudes  towards 
corruption in the EU. 

European Commission (2024), 2024 European Semester, Country reports: Romania. 

European Parliament, Flash Eurobarometer, Media & News Survey 2023. 

European Commission (2024), Special Eurobarometer on Corruption. 

European Commission (2024), EU Justice Scoreboard. 

32 

 
Expert  Forum  (2023),  The  Chamber  of  Deputies  is  preparing  to  amend  Law  334/2006  on 
political  financing  -  comments  on  the  draft  law  (Camera  Deputaților  se  pregătește  să 
modifice Legea 334/2006 privind finanțarea politică - comentarii privind proiectul de lege), 
25 September 2023, https://expertforum.ro/comentarii-334-cdep/. 

Expert Forum (2024), Analysis Report – The subsidies of political parties in 2023 (Raport de 
2024, 
analiză 
https://expertforum.ro/en/subsidies-parties-2023/. 

Subvențiile 

partidelor 

January 

politice 

2023), 

în 

8 

– 

Expert Forum (2024), Contribution from Expert Forum for the 2024 Rule of Law Report. 

External  Audit  of  the  Management  of  National  Integrity  Agency  for  2022  (2023),  Factual 
Findings  Report  (Raport  de  constatări  faptice),  May  2023,  https://integritate.eu/wp-
content/uploads/2024/03/Raport-final-Auditul-extern-al-managementului-Agentiei-
Nationale-de-Integritate-pentru-anul-2022-EN.pdf. 

Government of Romania (2022), Emergency Ordinance no. 71 for amending Art. 155 para 1 
of  Law  no.  286/2009  on  the  Criminal  Code  (ORDONANȚĂ  DE  URGENȚĂ  nr.  71,  pentru 
modificarea  art.  155  alin.  (1)  din  Legea  nr.  286/2009  privind  Codul  penal),  30  May  2022, 
https://legislatie.just.ro/Public/DetaliiDocument/255795. 

GRECO  (2016),  Fourth  Evaluation  Round,  Evaluation  Report  Romania,  22  January  2016 
https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId
=09000016806c7d05. 

GRECO 
(2023),  Fifth  Evaluation  Round,  Evaluation 
https://rm.coe.int/grecoeval5rep-2022-4-final-eng-evaluation-report-romania-
public/1680ac7782. 

report 

on  Romania, 

GRECO (2023), Fourth Evaluation Round, Third Interim Compliance Report and Follow-Up 
to  the  Ad  Hoc  (Rule  34)  Report  Romania,  25  January  2023,  https://rm.coe.int/fourth-
evaluation-round-corruption-prevention-in-respect-of-members-of/1680a9c84f. 

HotNews (2023), Head of the General Anticorruption Directorate retires/ Scandals in which 
Liviu  Vaseliescu’s  name  appears  (Șeful  Direcției  Generale  Anticorupție  iese  la  pensie  / 
Scandalurile 
lui  Liviu  Vasilescu)  25  August  2023, 
https://www.hotnews.ro/stiri-esential-26485090-seful-directiei-generale-anticoruptie-iese-
pensie-scandalurile-care-apre-numele-lui-liviu-vasilescu.htm. 

în  care  apare  numele 

International 
centre/news/detail/category/press-releases/article/romania-ifj-condemns-editorial-
interference-by-ringier-media-group. 

Federation 

journalists 

(2023), 

of 

https://www.ifj.org/media-

International  Press  Institute  IPI  (2023),  https://ipi.media/romania-dismay-at-abrupt-closure-
of-investigation-into-smear-campaign-against-journalist/. 

Judgment  of  the  Court  of  the  European  Union  of  24  July  2023  in  the  case  C-107/23  PPU, 
EU:C:2023:606 
https://eur-lex.europa.eu/legal-
content/EN/TXT/PDF/?uri=CELEX:62023CA0107. 

Judgment of the European Court of Human Rights of 26 November 2013 in the case Vlad v. 
Romania, case no. 40756/06. 

Judgment of the Romanian Constitutional Court of 26 April 2018, Decision no 297/2018 and 
Confirmative Decision no. 358 of 26 May 2022. 

33 

 
 
Letter  from  the  Minister  of  Justice  to  the  Interim  President  of  the  Camera  Deputalitor,  30 
October 2023. 

Letter from the Minister of Justice to the President of the Romanian Senate, 30 October 2023. 

Letter  from  the  NARB  to  the  SCM,  of  15  Janvier  2024  and  letter  No.23701/14  December 
2023 of the SCM to the government. 

https://www.libertatea.ro/stiri/investigatie-un-milion-de-euro-de-la-pnl-pentru-

Libertatea, 
site-ul-digi24-articolele-nu-au-fost-marcate-cu-semnul-p-publicitate-dar-au-fost-trimise-
pentru-plata-la-partid-4745569; https://www.libertatea.ro/stiri/redactiile-gazeta-sporturilor-si-
libertatea-din-romania-informeaza-publicul-4678545. 

Mapping 
https://www.mapmf.org/alert/30724; https://www.mapmf.org/alert/24714. 

Freedom 

(2023), 

Media 

https://www.mapmf.org/alert/30443; 

MediaSind 
interventiile-editoriale-ale-grupului-media-ringier/. 

(2023),  https://mediasind.ro/federatia-internationala-a-jurnalistilor-condamna-

Ministry of Justice (2024), National Anticorruption Strategy 2021-2025, Evaluation Reports 
2023, https://sna.just.ro/ro/c/2023. 

2023, 

Ministry  of  Justice  (2024),  National  Anticorruption  Strategy  2021-2025,  Implementation  
https://sna.just.ro/ro/a/rapoarte-de-monitorizare/raport-privind-stadiul-
Report 
implementarii-strategiei-nationale-anticoruptie-2021-2025-in-anul-2023.OECD 
(1997), 
Convention  on  Combating  Bribery  of  Foreign  Public  Officials  in  International  Business 
Transaction,  21  November  1997.  https://www.oecd.org/daf/anti-bribery/oecd-anti-bribery-
convention-booklet.pdf. 

OECD (2023) Working Party of Senior Public Integrity Officials: Stocktaking of the Public 
Integrity  System  in  Romania  –  Mainstreaming  integrity  measures  in  Health,  Education  and 
State-Owned 
2023, 
(SOEs), 
file:///U:/CORRUPTION/3.%20Rule%20of%20Law%20Report/4th%20annual%20Rule%20
of%20Law%20report%202023/RO%20Romania/OECD/GOV-PGC-
INT(2023)3.Stocktaking%20of%20the%20Public%20Integrity%20System%20in%20Roman
ia.pdf. 

Enterprises 

April 

26 

OECD (2023), Civic Space Review of Romania. 

Paginademedia.ro, AUDIENŢELE ANULUI 2023 după media pe zi - Paginademedia.ro. 

POHCCI (2024), 2023 Annual Activity Report. 

Press Club (2023), What to do with the CNA?, https://clubuldepresa.ro/ce-e-de-facut-cu-cna/. 

Reporters without Borders (2024) – Romania – https://rsf.org/en/country/romania. 

Ringier  (2023),  https://www.ringier.com/gazeta-sporturilor-announces-leadership-transition-
as-the-editor-in-chief-catalin-tepelin-departs/. 

Romanian  Chamber  of  Deputies  (2023),  Draft  law  amending  and  supplementing  Law  no. 
334/2006  on  financing  the  activity  of  political  parties  and  electoral  campaigns  (PL-x  nr. 
2023, 
516/2023), 
https://www.cdep.ro/pls/proiecte/upl_pck2015.proiect?cam=2&idp=21125. 

September 

18. 

Romanian Government (2024), Input from Romania for the 2024 Rule of Law Report. 

Romanian Superior Council of Magistracy (2024), Annual report for 2023. 

34 

 
Transparency  International  (2024),  Corruption  Perceptions  Index  2023,  30  January  2024, 
https://www.transparency.org/en/cpi/2023. 

35 

 
Annex II: Country visit to Romania 

The Commission services held virtual meetings in February 2024 with: 

•  Active Watch 
•  ANABI 
•  Asociaţia Forumul Judecătorilor din România 
•  Asociaţia ‘Iniţiativa pentru Justiţie’ 
•  Asociaţia Judecătorilor pentru Apărarea Drepturilor Omului 
•  Asociaţia Magistraţilor din România 
•  Asociaţia Miscarea pentru Apărarea Statutului Procurorilor 
•  Asociaţia Procurorilor din România 
•  Centre for Independent Journalism  
•  Cluj Press Professionals Association 
•  Constitutional Court 
•  Expert Forum 
•  Foreign Investors’ Council 
•  Foundation for the Development of civil society 
•  Freedom House  
•  Fundația  pentru  Dezvoltarea  Societății  Civile  (Foundation  for  the  Development  of 

civil society) 
•  Funky Citizens 
•  High Court of Cassation and Justice 
•  Judicial Inspection 
•  Legislative Council 
•  Ministry of Justice 
•  National Bar Association (UNBR)National Anti-Corruption Directorate 
•  National Audiovisual Council 
•  National Institute of Magistracy 
•  National Integrity Agency 
•  People’s Advocate 
•  Prosecutor General 
•  Romanian Institute for Human Rights 
•  Romanian Radio and Television Society 
•  Secretariat General of the Government 
•  Superior Council for the Magistracy 
•  Uniunea Naţională a Judecătorilor din România 

* The Commission also met the following organisations in a number of horizontal meetings:  

•  Amnesty International EU 
•  Centre for Democracy and Technology Europe  
•  Centre for European Volunteering 
•  Civil Liberties Union for Europe 
•  Civil Rights Defenders 

36 

 
 
•  Civil Society Europe 
•  Culture Action Europe 
•  Democracy Reporting International 
•  European Centre for Non-Profit Law 
•  European Civic Forum 
•  European Federation of Journalists  
•  European Partnership for Democracy 
•  European Youth Forum 
•  Free Press Unlimited 
• 
• 
• 
• 
•  JEF Europe 
•  Open Society Foundations 
•  Philanthropy Europe Association 
•  PICUM 
•  Reporters Without Borders 
•  SOLIDAR 
•  Transparency International EU 

International Federation for Human Rights 
International Planned Parenthood Federation 
International Press Institute  
Irish Council for Civil Liberties 

37