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29th Mar 2024

Brussels takes Bulgaria and Romania to task again

  • (Photo: EUobserver)

Brussels on Wednesday issued Bulgaria and Romania with urgent 'to-do' lists as both member states were once again criticised for their slow pace in tackling judicial reform and corruption.

In its third assessment since the countries joined the European Union in January 2007, the European Commission said the Balkan duo had made some improvement since its last scrutiny in 2008 but overall political commitment to graft reform was still lacking.

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It gave Bulgaria - in the commission's bad books also for its failure to sufficiently tackle organised crime - 21 recommendations while Romania has been asked to carry out 16 tasks.

Bulgaria has been asked to set up structures to prosecute and judge high-level corruption and organised crime cases as well as re-draw its penal code, properly implement its recent conflict-of-interest law and ensure that courts publish all judgements.

"In the public perception in Bulgaria justice is too slow (...) and subject to influence and interference," commission chief spokesperson Johannes Laitenberger.

"There are still shortcomings which need to be urgently addressed by the newly elected Bulgarian government," he added.

Romania was praised for the work of both its anti-corruption directorate and National Integrity Agency but criticised for its "fragmented" and "politicised" approach to reform.

Bucharest was also told that the fact that its criminal and civil codes were updated but never fully revised has led to a "patchwork" of new amendments or emergency laws which risk overshadowing the anti-corruption goal through delays or contradictory court rulings.

Romania should also allow the non-partisan implementation of a law allowing the criminal investigation of government members as well as beef up staff in courts and prosecutors offices.

"There is now the expectation that both countries will act swiftly and decisively on the (report's) findings," said Mr Laitenberger, with the commission offering to continue support through "political and technical dialogue" as well as give "expertise" help.

What leverage?

With few tools in its leverage box, the commission has said it will extend the monitoring system, known as the Cooperation and Verification Mechanism, into 2010, with the fourth assessment report due next summer.

The mechanism, unprecedented in the EU's history, was drawn up in response to criticism by other member states that the countries were joining the EU despite rampant corruption.

But while the extension is politically embarrassing for both countries, it is unclear whether this move will inject a degree of reform urgency into the two post-communist states.

Brussels did not use the sanctions option available to it this time round - last year it froze millions of euro worth of EU aid to Bulgaria - while another tangible punishment, the possibility to implement safeguard clauses in three areas (economic, internal market and justice and home affairs) expires at the end of this year.

Meanwhile, a draft version of Wednesday's report linked their reform progress to their aspirations to join the EU's borderless Schengen zone, but this was dropped from the final version.

Postponing the funds report

Defending the system, Mr Laitenberger said it "produced results" and that the "biggest leverage is the expectation and will of reform of the people in both countries."

In autumn, the commission is due to publish a further report on how the two countries are spending EU money, following a request by the European Parliament.

Due on 15 July, some quarters in Brussels have suggested it was delayed in a bid to secure Jose Manuel Barroso's re-election as commission president by parliament, with a vote due mid September.

"[Mr] Barroso is buying his reelection at the expense of EU taxpayer's money," German centre-right MEP Ingeborg Grassle told EUobserver.

"We requested the reports to be issued by 15 July, not that the Commission starts working on 15 July," she said, dismissing the technical reason given for the delay as "ridiculous."

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