|
|
Commission Report 2002 (Romania)
The 1999 law on civil servants is not yet fully applied and the body of
secondary legislation governing the civil service still needs to be completed
and revised. Steps have been taken to initiate a comprehensive public
administration reform package - a reform strategy has been adopted and an
inter-ministerial committee announced to oversee the implementation of the
strategy. However, the main elements of the strategy have not yet been
implemented and, to date, there has been no substantial improvement in
ensuring the political independence and accountability of civil servants, or
with developing a career structure based on transparent promotion and
assessment. In accordance with the Action Plan, a National Institute for
Administration has been set up to improve training provision - although it is
not yet operational. The overall process of policy formulation remains weak.
While consultation procedures between ministries have improved, consultation
with stakeholders during the drafting process is limited. Not all draft
legislation is screened for its budgetary implications or its compatibility
with Romania's international obligations. There has been no significant
reduction in the use of ordinances, and emergency ordinances, as a
legislative tool. Efforts have been made to match the devolution of
responsibilities to local levels of government with increased fiscal
decentralisation. The provision of financial resources to local government
has increased - although certain difficulties remain. The establishment of a
National anti-Corruption Prosecutor`s Office, as set out in the Action Plan,
may help clarify the competencies of all bodies involved in anti-corruption
activities, and improve co-ordination between these bodies. However, the
office is not yet fully operational and it is premature to assess its
effectiveness. Romania has ratified relevant international conventions
against corruption. The notion of criminal liability of legal persons still
needs to be introduced into Romanian Criminal Law. Romania still needs to
improve the functioning and independence of the judiciary by introducing
objective criteria for recruitment and career development for judges and
prosecutors. The training measures set out in the Action Plan have been
implemented and while the in-service training of judges, prosecutors and law
clerks has improved it remains inadequate. The Ministry of Justice has not
yet established a clear policy on continuous training for judges and
prosecutors. The availability of legal aid has remained unchanged. The
enforcement of civil decisions has improved as it is now the responsibility
of private bailiffs. In line with the measures set out in the Action Plan,
the foundations have been laid for an effective probation system. New
probation centres have been opened and specialised probation officials have
been recruited and trained. Despite this development, there has been no
significant reduction in the use of pre-trial detention. Romania has adopted
legislation on police organisation and the statute of police officers which
will bring police officers under the jurisdiction of civilian courts and
complete the demilitarisation of police forces. There is still no effective
system for examining complaints of police misconduct. The section of the
Penal Code dealing with offence against authorities has been revised oe
although the amendments are limited and the revised legislation does not
resolve contradictions with the case law of the European Court of Human
Rights.
© European Commission; last modified 2003-05-23
|
|
