Preliminary assessment of the second payment request of Romania

milestone #422 on the entry into force of the law amending the powers of the National Agency for
the Management of Seized Assets (see relevant preliminary assessment fiche). It will be further
followed by milestone #423 on the entry into force of the laws on the statute of magistrates,
judicial organisation, Superior Council of Magistracy (hereinafter referred to as “Justice laws”),
milestone #424 on amending the Criminal Code and Criminal Procedure Code, and target #425
requiring the training of at least 6 000 civil servants in the justice sector. Reform C14.R5 has a final
expected date for implementation in Q4 2025.
Evidence provided:
In line with the verification mechanism set out in the Operational Arrangements, the following
evidence was provided:
  i)    Cover note with explanatory report demonstrating how the actions foreseen in the Strategy
        contribute to achieving the objectives of the reform;

  ii)   Government Decision No. 436 of 1 April 2022, published in the Official Journal No. 322 of 1
        April 2022, approving the Strategy for the development of the judiciary 2022-2025;
 iii)   Annex to the Government Decision No. 436 of 1 April 2022, published in the Official Journal
        No. 322 bis of 1 April 2022, containing the Strategy for the development of the judiciary
        2022 – 2025 and the Action Plan.
Analysis:
The justification and substantiating evidence provided by the Romanian authorities cover all
constitutive elements of the milestone.
The Ministry of Justice shall prepare the new strategy on the basis of internal analysis and
proposals received during the public consultation process, after which the strategy shall be
approved and enter into force.
According to the details in the cover note, the Strategy and associated action plan were prepared

on the basis of an internal analysis of the judiciary system, as well as on the proposals made by key institutions in the judicial system, such as the Superior Council of Magistracy, the High Court of Cassation and Justice and the General Prosecutor’s Office. Based on the information provided by the Romanian authorities in the cover note, the Strategy’s elaboration process began in May 2021, with the elaboration of the methodology for drafting the Strategy and setting up the technical working group within the Ministry of Justice. According to the explanations in the cover note, before drafting the strategy, an analysis of the judicial system functioning was conducted between July and December 2021, collecting data from the judiciary and its central institutions. According to the information provided by the Romanian authorities in the cover note, 82 courts participated and responded to a questionnaire regarding access to justice, court digitalisation and instruments used in improving the courts’ functioning. These replies underlined shortcomings and possible actions to be included in the Strategy.

Following a public consultation and the inter-institutional endorsing in March 2022, the Strategy and the associated action plan were approved in the Government meeting held on 30 March 2022 and published in Official Journal No. 322 and No. 322 bis on 1 April 2022, consequently entering into force. As requested by the CID Annex milestone description, the Strategy and its action plan take into account the findings and the recommendations from Rule of Law reports. The strategy shall comprise two pillars. The Strategy was elaborated on three main areas of intervention with strategic objectives sub- structured in two pillars. The three main areas of intervention, outlined on page 10 of the Annex to the Government Decision

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