Voortgang Roemenië en Bulgarije op het gebied van justitie, corruptie en georganiseerde misdaad (en)

COUNCIL OF THE EUROPEAN UNION

Cooperation and Verification Mechanism for Bulgaria and Romania -Council conclusions

3109th GENERAL AFFAIRS Council meeting Brussels, 12 September 2011

The Council adopted the following conclusions:

Reaffirming its earlier conclusions, the Council welcomes the reports from the Commission on progress in Bulgaria and Romania under the Cooperation and Verification Mechanism. The Council commends the Commission on its work, on the methodology followed, and fully shares the objective and balanced analysis and recommendations contained in those reports. The Council notes the continued good level of co-operation of Bulgaria and Romania with the Commission and the other Member States.

• 2. 

  Recalling the importance of an unequivocal and sustained political commitment to meet the objectives set under the Mechanism, the Council acknowledges and welcomes the efforts and political will of the Bulgarian and Romanian Governments. The Council recalls that the existence of an impartial, independent and effective administrative and judicial system, with sufficient resources, is indispensable for EU policies to function properly and for citizens to benefit fully from all the opportunities offered by membership of the Union.
• 3. 

  The Council notes that the legal framework needed for the reform is now largely in place in the two Member States concerned, and the emphasis has shifted from the preparation and adoption of laws to their implementation. The Council encourages Bulgaria and Romania to complete the necessary legal framework and, as a matter of urgency, to take appropriate measures to implement the reforms in order to meet the commitments under the Mechanism. In this context, the Council underlines that changing the legal and judicial system requires a coherent approach by all relevant state actors and broad-based political support.
• 4. 

  The Council welcomes Bulgaria's sustained commitment and wide public support to pursue the reform strategy. Bulgaria has continued the reform of the judicial system by improving the rules for appointments, training and appraisals within the judiciary. Bulgaria strengthened legislation on conflict of interest and continued a structural reform within the judiciary and the police, notably by taking a decision to establish a specialised court for organised crime cases and starting the reform of police investigations.However, the Commission's assessment also points to important challenges. In spite of the determined efforts by the Bulgarian government, Bulgaria needs to make further progress in achieving convincing results in the fight against high-level corruption and organised crime. Several important appointments within the judiciary did not meet the standards of transparency and credibility. The representatives of the judiciary have not yet shown a real commitment to reform. The Council encourages Bulgaria to urgently pursue its judicial reform strategy, take further steps towards a fundamental reform of the judicial system and to effectively improve accountability and professional practice within the judiciary and the investigative authorities. Sustained commitment is needed to continue the reforms, notably by adopting a new law on asset forfeiture. Bulgaria should also ensure full implementation of the law on conflict of interest and improve administrative capacity in the field of public procurement.
• 5. 

  The Council welcomes significant steps taken by Romania to improve effectiveness of the judicial process, notably through the implementation of the Small Reform Law. Romania adopted a new legal basis for the National Integrity Agency, and the Agency started to reestablish its track-record of investigations. Romania continued preparations for the implementation of the four new codes, launched preparations for a functional review of the judicial system and carried out an impact analysis of its anti-corruption policy. The National Anticorruption Directorate showed a continuously convincing track record in the investigation of high-level corruption cases and an increase in the number of convictions could be observed.However, challenges were identified by the Commission as regards celerity of several important high-level corruption cases and the effectiveness of the fight against corruption. Better results should be demonstrated in the confiscation of unjustified assets and in delivering dissuasive sanctions for incompatibilities. The Council stresses the need for Romania to ensure smooth implementation of the four new codes and speed up high-level corruption trials in order to avoid the risk of reaching statute-barred periods. Furthermore, the Council underlines that the fight against corruption should remain a top priority. Romania should take action to strengthen the recovery of proceeds of crime, the pursuit of money laundering and protection against conflict of interest in the management of public funds.
• 6. 

  The Council notes that the Cooperation and Verification Mechanism remains an appropriate tool to assist Bulgaria and Romania in their reform efforts in order to achieve concrete and lasting results in line with the objectives of the Mechanism. Pending the results expected in this framework, the Mechanism stays in place. Building on progress already achieved, the Council calls on Bulgaria and Romania to further accelerate their efforts in the coming months in order to address all the recommendations set out in the Commission's reports.The Council takes note of the Commission's intention to present in summer 2012 an overall assessment of the progress made by Bulgaria and Romania since 1 January 2007 within the CVM framework. The Council looks forward to the Commission's assessment and its proposals in this light, and will examine them carefully."