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EC launches infringement procedure against Romania for not implementing the Directive on presumption of innocence
The head of the European Commission Bureau (EC) to Romania Angela Cristea stated on Friday night with Digi 24 that ‘ there is no problem with the innocence presumption in the member states’, the people under investigation benefitting from it, but there was the need for harmonisation of the legislation. Romania did not present the EC with the measures taken to harmonise the Directive, reason for which the infringement procedure was started. ‘ The Romanian party has two months to communicate the measures they have taken so that the objectives of this directive be reached in Romania as well’ Cristea said, who said there are signs that our country will comply.
‘The member states had two years to prepare, to harmonise their legislation and announce the Commission. The moment we launched the process, we saw there is no problem with the presumption of innocence in the member states, so the people alleged or accused, benefit from this reasonable doubt. We only want to be sure all the member states benefit in the same way’ Angela Cristea said.
‘ If we don’t do it, we will come with a new stage in the infringement procedure where we also recommend, but I don’t think we will get there as we have already seen positions where Romania says they will communicate to Europe all the measures taken’, Cristea said.
She also explained that it is about ‘ some notification only’.
The European Commission has started the infringement procedure against Romania on the EU Directive regarding the presumption of innocence and the right to be represented in trial within the legal provisions, which should been implemented since April 2018.
The Romanian authorities have been informed on the procedure for not implementing Directive 343/2016 and within an interval of two months have to inform on the measures taken.
The chairman of the special parliamentary committee, Florin Iordache, reacted to the decision and has told Antena 3 TV: “The procedure has been started, but if the European experts will learn that the decision is ready to be voted by Parliament, I believe that in two week’s time we can present the report on transposing the directive. (…) The alternative would be an emergency ordinance, but we want a transparent debate. We would discuss with the Superior Council of Magistracy, the Justice Ministry, the Supreme Court, the Prosecutor’s Office, with all those who have proposals, we are open. The opposition would challenge it, undoubtedly, as it challenged the laws of justice.”
If the EC finds out that the information received does not provide enough guarantees that the situation will be improved, the next step is the EC reasoned opinion. By this, the EC will mention which articles of the EU legal framework are violated and will ask Romania to make the necessary decisions to correlate the laws according to the European legislation within two months.