Justice, the chance of Romanias future in Europe

Romania is not enjoying the full rights as EU citizen. Our country joined EU in 2007 but
is not yet part of the Schengen Treaty which abolishes border controls within this Union and
which could ensure freedom of movement for all EU citizens. The removal of border controls
was achieved with an effort made towards coordination and harmonization of police and judicial
activity to contrast transnational organized crime. But to gain admission in the Schengen Treaty,
Romania has to undergo a drastic restructuring of the Rule of Law system to prove its capability
in fighting corruption and thriving criminal organizations. Bucharest has implemented a serious
program of reforms and has developed efficient anti-corruption mechanisms. An effort against
transnational criminal organizations and abuse of power in the administration is still necessary,
but the judicial system and the other security institutions seem to be solid enough for the task of
watching after the EU border.
When Romania joined EU, the necessity of strict reforms in the justice sector, firmer
stand against criminal organizations and corruption resulted in the establishment of the
Cooperation and Verification Mechanism (CVM). Under this CVM, the EU Commission
reported every six months on the progress of judicial reforms, assessing that despite the wide
array of reforms undertaken, there is still a long way ahead in establishing a fully functioning
rule of law system. However, various European governments opposed the admission of Romania
in the Schengen area.
The most important issues in Romania are, firstly, the existence of criminal organizations
and secondly, a widespread corruption which makes it the second worst EU country after
Bulgaria in terms of perceived corruption. The latest Europol threat assessment underlines a wide
variety of concerns regarding the criminal environment in Romania. According as well to
Europol Romanias criminal networks are the most active in the trafficking in human beings.

In 2006, the Commission has set a system of benchmarks that have to be fulfilled by the
Schengen aspiring members. The CVM has evaluated progresses and made reports on this, but
some major issues remained unsolved. What concerns Romania, the CVM found that a
significant progress was registered in improving the effectiveness of judicial process thanks to
the implementation of the Small Reform Law directed to enhance performances of prosecutors.
Meanwhile, the government has adopted a legal basis for the establishment of a National
Integrity Agency to provide an evaluation of ongoing investigations and conduct an impact
analysis of Romanias anti-corruption policy. Accordingly, EU registered good performances in
prosecuting high-level corruption cases and in increasing the number of convictions. The main
task facing anti-corruption efforts in Romania is the drafting and adoption of an efficient
legislation to ensure accountability and avoid conflict of interest in the management of public
funds.
Romanias chances to get the Schengen membership depend on the upcoming EU
Commission report. If the report is negative, countries like the Netherlands and Germany that are
opposed to the admission of Romania into the Schengen area could use the results as an
argument against the countrys entry. The issue is expected to be debated at the next EU Justice
and Home Affairs Council. In case Romanias gets green light, it might join the Schengen bloc in
a two-step admission procedure suggested by France and Germany: sea and air borders in the
first phase and land borders afterwards.
Therefore, Romania needs to continue as well its structural reforms, to fight against
corruption and improve the independence of the justice system.