Articles for tag: association of Romanian prosecutors, Cooperation and Verification Mechanism, direct concern, EU, Rechtsstaatlichkeit, Rumänien

The Dismissal of the Romanian Prosecutors Annulment Action

In the latest chapter of the EU rule of law saga, the General Court dismissed an annulment action lodged by an association of Romanian prosecutors, which challenged the termination of the Cooperation and Verification Mechanism in 2023, due to lack of direct concern. We argue that a too-narrow view of the issue does not reflect the rule of law situation in the country, including open non-compliance with the CJEU’s own rulings, and leads to several undesired consequences.

27. Februar 2025

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War, Schengen, and the Rule of Law

On 22 November 2022, the European Commission (EC) published its final report on Romania under the Cooperation and Verification Mechanism (CVM) and proposed the mechanism be terminated. While this is an early Christmas present to the ruling elite of Romania, it certainly isn’t one for the rule of law – neither in Romania nor the EU. It’s been nearly 16 years since the CVM was established at the accession of Romania and Bulgaria to the EU in January 2007. Setting and monitoring benchmarks, its aim is to support both countries in overcoming shortcomings relating to the rule of law, especially the independence of the judiciary and fight against corruption. While Bulgaria was considered to have successfully fulfilled all benchmarks by 2019 and the mechanism was lifted, the case is different for Romania.

29. November 2022

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Bulgaria’s Failed Specialized Criminal Justice Experiment

On 14 April 2022 Bulgaria’s Parliament adopted legislative amendments, which finally put an end to the Specialized Criminal Court and its mirroring Specialized Prosecutor’s Office. Both institutions were set up during Boyko Borissov’s first term as Prime Minister in 2011 and severely undermined the rule of law in Bulgaria. The creation and development of these structures was encouraged and marked as progress by the European Commission, which calls into question the Commission’s ability to objectively monitor the rule of law in its Member States, to recognize threats, and to give adequate recommendations.

29. April 2022

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On Coins, Parallel Universes and the Cooperation and Verification Mechanism

The European Commission seems to inhabit a universe which is too distant from the realities of Bulgaria and Romania, which are the only EU members subjected to the CVM. Even worse, it is currently attempting to sweep the CVM under the carpet of oblivion for no good reason, as seen in Commissioner Vera Jourova’s presentation on the mechanism before the LIBE Committee at the European Parliament on 10 September 2020. The Commission is attempting to persuade concerned citizens and Members of the European Parliament (MEPs) that it would continue the monitoring of these countries under the new Rule of Law Mechanism. It insists that this be an argument to terminate the CVM, but is this justified?

12. September 2020

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Turning the Lights Off

On 14 June the Bulgarian minister of justice finally took the step to present to the public its long-awaited draft of the new accountability mechanism intended to ensure independent investigation for to the top three Bulgarian magistrates. The draft legislation proves that the concerns regarding the consequences for Bugaria's judicial independence were entirely justified.

24. Juni 2019

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CVM Here, CVM There: The European Commission in Bulgaria’s Legal Wonderland

On 13 June 2019, Bulgaria’s Minister of Justice Danail Kirilov declared that he would resign unless the Cooperation and Verification Mechanism to which Bulgaria was subjected was lifted before the end of the Juncker Commission’s term. This statement comes in the middle of a highly controversial reform proposed by Kirilov. The reform is one of the key arguments Bulgaria intends to use to persuade the European Commission that the CVM should be terminated this year.

16. Juni 2019

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Sweet Like Sugar, Bitter Like a Lemon: Bulgaria’s CVM Report

On 13 November 2018, the Commission published the latest reports on Bulgaria and Romania under the Cooperation and Verification Mechanism. Bulgaria’s report is full of praise. Not surprisingly, the Bulgarian government was overjoyed. The civil society, on the other hand, was clearly upset. Why? The short answer is that the picture painted by the CVM report does not correspond to reality and only pours water to Bulgaria’s autocratic mill.

16. November 2018

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