The CVM report published by the European Commission on 13.10.2018, on the “progress” of Romanian justice system, is written with such bad faith and disdain for respecting the democratic norms and human rights in Romania that any citizen who has had contact with the abuses of the justice system from the last years can only be totally sicken and profoundly revolted.
Contrary to the claims of some Romanian politicians who state that these unelected bureaucrats could be “misinformed” or that they do not know the reality in Romania, the content of the CVM Report demonstrate their bad faith, this report being a mockery to the people from the justice system or outside of it who know the judicial mechanisms, are of good faith and still believe in a fair and impartial justice for all Romanians.
All the criticisms made regarding the Superior Council of Magistracy, the Judicial Inspection, the establishment of the Section for the investigation of criminal offenses within judiciary, the illegal and proven intrusion of the secret services in the justice, the right of the citizens to criticize the abuses with which they come into contact, the appointments leading positions in the prosecutor’s offices and in the courts, all these are not only unfounded, and some clearly undocumented, but they are quite tendentious, ignoring the obvious.
Even without legal studies, any person of good faith and interest in knowing the truth can refute almost every criticism from the report by simply using the internet for documentation.
The European Commission argues in the CVM report, in principle, that, as it worked until 2018, the justice was in an extraordinary and praisable “progress”, a functional justice, worthy of a member state of the European Union, but that, suddenly, absolutely everything that has changed in the laws of justice and trying to change in the criminal codes is a “setback” of the judiciary, an attack on the independence of justice, the rule of law, which is why any changes must immediately stopped.
The European Commission is hiding behind an empty language and slogans, as if they are inspired from communism, the misery and abuses against Romanians committed by a justice subordinated to secret services, but which complains to Europe that its independence is violated if the Parliament has legislated to take the boot of the secret services from its neck.
All the miseries done by the justice system in recent years, the citizens whose right to defence and private life have been violated by leaking in the press some wiretappings in order to humiliate and disarm them, investigations that used handcuffs abusively, public presentation of those investigated as being already guilty, the trashing in the press of those investigated with the broad help of the investigators and institutions that should have prohibited such practices, all of these have seriously violated the presumption of innocence.
The shock part is that, while the CVM report was silent on these obvious abuses, it criticized Romania for not implemented yet the European directive on presumption of innocence.
The complete and total overlooking of the abuses committed by the justice in the last years is, in fact, the main theme of the CVM report.
The Romanian society is currently extremely divided, the main cause being the way the justice system works, the abuses that have occurred in recent years and the resistance within the system to bring justice to truly democratic modern standards.
On one hand, there are a number of politicians, magistrates, nongovernmental organizations and journalists who argue that nothing should be changed in justice system because it works very well, with the exception of some isolated abuses that are to be managed by the justice too.
On the other hand, though, there are those who expose the abuses, are scandalized by them, think that no abuse is tolerable and if any abuse has happened, the magistrates must answer for it. Also, in this group are those who argue that justice should be free from any influence of secret intelligence services.
Between the above two sides is a huge gap that the latest CVM report had just expanded.
The report completely ignores the abuses and unconditionally supports the side that until now has incited and instigated them. The same side now completely ignores the abuses or refers to them using “would be” or “alleged” abuses.
Instead for the European Union, through its power and influence, to take steps to reconcile the two sides, it chose with this report to widen the gap between the two sides and to radicalize them.
Those whose position is supported by the report will be even more radical, will ignore the abuses even more and will encourage them, relying on the position of the European Union and the content of the CVM report.
At the same time, those concerned about abuses or who suffered abuses will radicalize themselves too, condemning, based on arguments, the hypocrisy of the European Commission’s bureaucrats and their blindness to the abuses in Romania, by this attitude the respective bureaucrats demonstrating that they do not care for the rights of the Romanians, as well as for the principles on which the European Union was founded: human dignity, with individual rights and freedoms, respect for the law, equality before the laws.
The effect of this obtuse and defiant attitude of the Brussels bureaucracy towards the breaches of human rights in Romania will feed the Eurosceptic current or will encourage even more radical positions.
Shortly, the latest CVM report shows not only how parallel and blind the bureaucracy in Brussels is with what is happening in Romania, but also raises reasonable suspicions that the EU agenda is distant and even divergent from that of the Romanian citizens.
As a judge, I feel offended by the aberrations in this report, which is why I will call off them in the next period.
This report is a shame for the European Commission, which claims that defends the fundamental values on which the European Union was built.