UNIVERSITATEA TITU MAIORESCU

BUCURESTI
FACULTATEA DE DREPT

DISCIPLINA:
COMUNICARE DE SPECIALITATE IN LIMBA ENGLEZA

TITLUL REFERATULUI
The Importance of Law and Justice in
Romania's European Evolution

PROFESORUL DE DISCIPLINA: PROF.UNIV.DR. SORIN IVAN

STUDEND:

NUME: MIHAI ANDREEA-LAURA

ANUL: I
GRUPA: 110

The Importance of Law and Justice in Romania's European

Evolution

In 1989, the communist regime in Romania ended, which led to the drafting of a new
constitution, which was to establish the democratic order of the rule of law, to promote the
market economy and private property. Under the new Constitution, under Title III, justice plays a
very important role with reference to the courts, the prosecution and the Superior Council of
Magistracy. The reform is based on transparency, credibility and efficiency of justice. It should
be noted that the new constitutional provisions meet the European requirements on
independence of the judiciary and of the magistrates. Strengthening the role of the High Court of
Cassation and Justice, the establishment of specialized courts, the computerization of the
judiciary, the improving of the judicial cooperation on European and on international level are
important steps for the justice reform.

The existence of a state of uncertainty and anxiety about the often legal changes in the
legislation of Romania greatly affect the quality of justice and the fundamental principles of
solving the cases, and the idea of predictability and efficiency of the judiciary.

In 2007, Romania joined the European Union, which led to the unification of the National
Legislation with the changing requirements of the European legislation. Romania doesnt meet
the standards of efficiency, independence and impartiality required by the European Union.
Consequently, has established a mechanism for cooperation and verification of progress in
Romania to meet certain specific benchmarks in the areas of judicial reform and the fight
against, a mechanism that exists today.

There are four benchmarks that measure the progress made by Romania:

1) Providing for a more transparent, more effective legal process, particularly by increasing
the capacity and the responsibilities of the Superior Council of Magistracy. Reporting and
monitoring the impact of new codes: civil, criminal, civil and criminal procedures.
2) Establishing an integrity agency for verifying the procurements, the incompatibilities and
the potential conflicts of interest.
3) To continue the progress already made and the professional, impartial investigations in
cases of high-level corruption.
4) The adoption of measures to prevent and fight against corruption, especially in the
central and local government.

In order to consolidate the rule of law, all these objectives are necessary, considered as a
general and real long-term reform.
The judicial reform contributes to the development of a European legal area involving the
harmonization and modernization of the Member States, based on standards developed by the
European Union. The EU Member States should be assisted to modernize their institutions and
procedures and to promote the respect for the rule of law. Also, the measures to develop the
independence and the impartiality of judges, improve civil procedures for review and
enforcement of judgments, reduce the load of trial courts and shorten, simplify, and improve
legal assistance and judicial quality should be part of a constant preoccupation of the domestic
and European bodies.

The impact of the new codes in Romania is a necessary part of the legal reform. The lack of the
two instruments needed to implement the new Civil Code and Criminal Code, respectively of the
procedure codes, generates interpretations that lead to difference in the jurisprudence. This lack
of concrete solutions involves the continuous and irreversible degradation of the quality of
justice in Romania which results in the decredibilization of courts empowered to hear and not to
delay indefinitely the settlement of cases. All those involved in world of justice, the judiciary,
lawyers, notaries, bailiffs and individuals have the capacity and the moral duty to reform this
important area in contemporary society, without which there can be no state of law in the true
sense of the word.

The reform of justice in Romania is important for the legal system and for a modern
development of the Romanian society. A modern justice in a modern state is the only chance for
Romania to pass the status of a truly integrated country in the European area of justice,
freedom and security.

Judicial reform was seen as a necessity of the early 1990s, it was reorganized the whole system
of courts and prosecutors offices attached to them, by Law No.92/1992 (repelled almost in its
entirety by Law No.304/2004). By law it was set up courts of appeal and appropriate prosecution
and new judges and prosecutors offices attached to them. The same law regulated the status of
judges, the principles of independence, tenure, and obedience only to the law and the specific
status of prosecutors legality, stability and fairness.

The judicial reform has become a priority in the context of deepening and accelerating the
effective European integration process, which required a consistent and coherent approach to
the judicial reform in all its components, together with other areas related to social reforms in
line with the European acquis.

Since the application (in 1995) for accession, the European Commission monitored Romania in
terms of the criteria and conditions for membership. Since 1998, the Commission appreciated
Romanias concerns for the operation of the judicial system, but has made a number of
requirements: strengthening the independence of the judiciary and protecting it against
corruption, shortening the proceedings, improving the status and remuneration of judges and
prosecutors, and need to improve their business. It was appreciated Law No. 78/2000 to the
punishing, discovering and sanctioning of corruption. The implementation of the new legislation
on public procurement was positively assessed by the Commission, being regarded as an
important mean to fight corruption. The Commission recommended to take effective measures
to guarantee the independence of judges.

The judicial reform has been affected by the lack of resources. The Commission recommended
that judicial reform is to become a public priority, based on a comprehensive strategy.

By adopting the legislative package, the Superior Council of Magistracy has acquired the
exclusive competence for the appointment, promotion, transfer and sanctions against judges
and prosecutors, and all other powers owed to the Ministry of Justice in recruitment and the
career of magistrates. The new goals of the judicial reform strategy has been initiated following
the law to revise the Constitution of September 18, 2003, which enshrined the principle of
separation and balance of powers, including the judiciary, and enshrined the Superior Council of
Magistracy as a guarantor of judicial independence.

Knowing the existing disorders is likely to help policy directions and priorities for a justice reform
so necessary in terms of strengthening the rule of law.

The evolution of the reform of justice in Romania is marked by two essential stages:

1) The enactment of the new Constitution of Romania in 1991.

2) The accession of Romania to the European Union.

The process of accession to the European Union has led in an emphasis put on the fight against
corruption, by employing institutional and legislative means. Moreover, in the same period,
significant legislative works were carried in order to harmonise the Romanian legislation with the
European legislation.

The Romanian Law has evolved a lot in the last years, in multiple directions: it has to reflect the
Romanian reality requirements, and it has to be in compliance with the European Community
Legislation. This process is sustained by both Parliament Laws and Governmental Decrees, so
a Romanian Law specialist must and has to be always aware of the last Law updates. It's a
difficult task, but the last years showed that the Romanian society is evolving and adapting to all
these changes.