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Integrity Scorecard

2008 Assessment

Romania: Integrity Indicators Scorecard

Romania: Integrity Scorecard Report > Sub-Category: Rule of Law
Indicators		Score
77	Is there an appeals mechanism for challenging criminal judgments?	83
78	Do judgments in the criminal system follow written law?	75
79	Are judicial decisions enforced by the state?	75
80	Is the judiciary able to act independently?	88
81	Are judges safe when adjudicating corruption cases?	100
82	Do citizens have equal access to the justice system?	86

Indicator and sub-Indicator Details

Is there an appeals mechanism for challenging criminal judgments?

77a: In law, there is a general right of appeal.

Score:

YES

Comments:

References: Penal Procedural Code Civil Procedural Code Administrative Code

77b: In practice, appeals are resolved within a reasonable time period.

Score:

100

Comments:

References: - Laura Stefan, former director in the Ministry of Justice, Bucharest - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest

77c: In practice, citizens can use the appeals mechanism at a reasonable cost.

Score:

100

Comments:

References: - Laura Stefan, former director in the Ministry of Justice, Bucharest - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest

Do judgments in the criminal system follow written law?

78: In practice, do judgments in the criminal system follow written law?

Score:

100

Comments: Bribery or more subtle influence in courts may be an issue: for example, leaner sentences for white collar offenders, especially in corruption cases.

References: - Laura Stefan, former director in the Ministry of Justice, Bucharest - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest

Are judicial decisions enforced by the state?

79: In practice, are judicial decisions enforced by the state?

Score:

100

Comments: Enforcement has always been one of the weakest points of the system.

References: - Laura Stefan, former director in the Ministry of Justice, Bucharest - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest

Is the judiciary able to act independently?

80a: In law, the independence of the judiciary is guaranteed.

Score:

YES

Comments:

References: Romanian Constitution, arts. 124-134 Laws 303 and 304 / 2004 on the structure of the judiciary and the status of magistrates

80b: In practice, national-level judges are protected from political interference.

Score:

100

Comments:

References: - Laura Stefan, former director in the Ministry of Justice, Bucharest - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest

80c: In law, there is a transparent and objective system for distributing cases to national-level judges.

Score:

YES

Comments: There is an electronic, random distribution of cases.

References: Laws 304 / 2004 on the structure and functioning of judiciary

80d: In law, national-level judges are protected from removal without relevant justification.

Score:

YES

Comments:

References: Laws 303 / 2004 on the statute of magistrates

Are judges safe when adjudicating corruption cases?

81a: In practice, in the last year, no judges have been physically harmed because of adjudicating corruption cases.

Score:

YES

Comments:

References: - Laura Stefan, former director in the Ministry of Justice, Bucharest - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest

81b: In practice, in the last year, no judges have been killed because of adjudicating corruption cases.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of judges being killed related to their involvement in a corruption case during the study period. YES is a positive score. NO: A NO score is earned if there were any documented cases where a judge was killed because of his/her participation in a corruption trial. The relationship between a mysterious death and a judge\'s involvement in a case may not be clear, however the burden of proof here is low. If it is a reasonable assumption that a judge was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: - Laura Stefan, former director in the Ministry of Justice, Bucharest - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest

Do citizens have equal access to the justice system?

82a: In practice, judicial decisions are not affected by racial or ethnic bias.

Score:

100

Comments: Roma community may suffer discrimination, but this happens usually outside courts.

References: - Laura Stefan, former director in the Ministry of Justice, Bucharest - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest

82b: In practice, women have full access to the judicial system.

Score:

100

Comments:

References: - Laura Stefan, former director in the Ministry of Justice, Bucharest - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest

82c: In law, the state provides legal counsel for defendants in criminal cases who cannot afford it.

Score:

YES

Comments:

References: Penal Code, Penal Procedural Code

82d: In practice, the state provides adequate legal counsel for defendants in criminal cases who cannot afford it.

Score:

100

Comments:

References: - Laura Stefan, former director in the Ministry of Justice, Bucharest - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest

82e: In practice, citizens earning the median yearly income can afford to bring a legal suit.

Score:

100

Comments: Note: median yearly income does not refer to the "middle class" in Romania. For middle class proper the score would be 100, however for median income citizens the score would be more likely 50, as costs considerations are very important in initiating legal action.

References: - Laura Stefan, former director in the Ministry of Justice, Bucharest - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest

82f: In practice, a typical small retail business can afford to bring a legal suit.

Score:

100

Comments:

References: - Laura Stefan, former director in the Ministry of Justice, Bucharest - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest

82g: In practice, all citizens have access to a court of law, regardless of geographic location.

Score:

100

Comments: Lower level courts are fairly dispersed in territory; however, access may be an issue for poor people from isolated villages who do not own a car, for example.

References: - Laura Stefan, former director in the Ministry of Justice, Bucharest - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest