E-2414/04
Parliamentary questions
Answer given by Mr Verheugen on behalf of the Commission
(written question:Â E-2414/04)
(17.11.2004)
As for the question on whether the Commission has any information
on problems within the Romanian justice system, in the 2004 Regular Report on
Romaniaâ?Ts Progress Toward Accession(1) the Commission assessed that since
1997 progress had been made to address the required reform of the justice
system. Nevertheless, the Report also concluded that certain serious problems
remain. In particular the executive continues to limit the independence of the
judiciary in practice, the effective management of court cases needs to be
improved, the legal aid system needs to be enhanced, case law needs to be made
far more accessible and the professional training of judges, clerks and other
support staff should be enhanced to ensure the consistent quality of court
judgments. The Romanian administration has passed a package of legislation
intended to address these issues that entered into force at the end of
September 2004. The Commission will monitor the progress made in implementing
these laws very closely as an effective implementation on the ground is now the
highest priority. In the above areas, Romania is receiving and will continue to
receive considerable Phare assistance to improve the infrastructure and
equipment in the court system.
As for the question on whether the Commission can intervene in
individual legal cases or demand explanations from the Romanian authorities,
judgements in individual civil and criminal cases in Romania fall within the
scope of Romanian law. They are not covered by the EU-Romania Association
Agreement or by the body of EU law that Romania must apply to become a Member
State and, as such, the Commission is not competent to intervene. Individuals
in Romania must pursue their cases through the national courts, but once they
have obtained a final ruling if they feel it is unsatisfactory they may
challenge it before the European Court of Human Rights in Strasbourg. To do so,
however, they must demonstrate that they have exhausted all possibilities for
redress in Romania, have followed the correct procedures (in particular that
all relevant deadlines have been respected) and that their rights as protected
by the European Convention on Human Rights have been violated.
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(1) SEC(2004) 1200.
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On line: 17 November 2004
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