Romanian PM clashes with Commission over rule of law

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Romanian Prime Minister Viorica Dăncilă clashed Wednesday with a senior European commissioner over the rule of law in her country, as Brussels accused Bucharest of “moving backwards” and threatened to take action.

In a debate at the European Parliament in Strasbourg, Frans Timmermans, the Commission’s first vice president, cited “growing concerns” about changes to Romania’s justice system and criminal code that could threaten the independence of the judiciary and the fight against corruption.

Timmermans’ comments reflect a view within the Commission and among Western European governments that Bucharest is heading down the same path of democratic backsliding as Poland and Hungary. Those countries have dismissed the criticism leveled against them, accusing Brussels of unjustified meddling in their domestic affairs.

“Things are now moving backwards in a way that would be damaging for the place that Romania has built as an EU member state in recent years,” Timmermans said. “If the European Commission needs to be brutal in our assessment, we will be. If we need to use other instruments, we will.”

Among Brussels’ biggest concerns about Romania is the dismissal earlier this year of Laura Codruța Kövesi, the chief anti-corruption prosecutor, whose office has secured many high-profile convictions of politicians. The fight over the anti-corruption office has become an international battle, with Donald Trump’s lawyer, Rudy Giuliani, paid to produce a report that accuses the agency of “excesses.”

Members of the center-right European People’s Party (EPP) have been keen to turn the spotlight on Romania, which has a Social Democrat government. The EPP has faced criticism for keeping Hungarian Prime Minister Viktor Orbán in its ranks.

Adding to concerns that Romania is embracing the “illiberal democracy” championed by Orbán, the country is holding a referendum this weekend on whether to amend the constitution to specifically define a family as a marriage between a man and a woman.

Budget Commissioner Günther Oettinger, a prominent EPP figure, last month cited the Romanian government along with administrations in Italy, Hungary and Poland as those that want to “weaken or destroy” the European project.

Dăncilă’s defense

Dăncilă, a former member of the European Parliament, said Commission reports do not give the full picture of events in Romania. She pointed to revelations that the Romanian secret service signed hundreds of protocols with state agencies in recent years. These agreements led to the conversations of millions of Romanians being tapped, the prime minister said.

“A lot has been said in those reports about institutions, about the procedure to appoint magistrates, about the fight against corruption, ” she said. “This is all very well, but I never saw in those reports mentions of human rights being trampled, about secret protocols signed between intelligence services and judicial institutions.”

Timmermans said authorities should conduct a full investigation into the secret protocols signed by the intelligence agencies.

The Commission monitors Romania’s record on fighting corruption as part of a so-called Cooperation and Verification Mechanism (CVM) that the country signed up to when it joined the EU in 2007.

Timmermans did not specify what action the Commission might take against Bucharest but said the deterioration of the rule of law will be reflected in its next annual report under the CVM scheme, due next month.

Romania, the next holder of the rotating presidency of the Council of the EU, has been keen to phase out the scheme, which casts a shadow over the country’s rule-of-law credentials.

“This mechanism has missed the goal for which it was created and I officially request to be told who wrote the CVM report, who provided the data and who omitted out of negligence or bad will these facts that are unacceptable in the EU,” Dăncilă said. “Ask yourselves those questions before throwing stones at Romania.”

She also said she decided to attend the plenary debate “not to give account but because I respect you. I request the same respect for the Romanian nation.”

Guy Verhofstadt, leader of the liberal ALDE group in the Parliament, said weakening the fight against corruption and undermining prosecutors is “the way Orbán and Kaczyński lead their countries,” referring to the dominant political figures in Hungary and Poland. “May I give you one advice prime minister: Don’t follow the bad Hungarian and Polish examples.”

Dăncilă’s remarks offered a mixture of defiance — especially when responding to comments from MEPs — and a more conciliatory message.

“Romania is a pro-European country and rest assured that it will not stray from its European path,” she said.

Maïa de La Baume contributed reporting from Strasbourg.