Preliminary assessment of the second payment request of Romania

No. 436 of 1 April 2022, are: (i) the independence, the quality and the efficiency of the justice system, (ii) access to justice, and (iii) fighting corruption and criminality. Each area of intervention comprises 10 strategic objectives (pages 10-21 of the Strategy), further divided into 81 specific objectives. Within each area of intervention, the specific objectives were structured in two pillars: pillar 1 – with policies to strengthen the independence of the judiciary and the rule of law and pillar 2 – with policies to strengthen the institutional capacity. The first pillar concerns policies to strengthen the independence of the judiciary and strengthen the rule of law. Policies and measures under pillar 1 aim at strengthening the independence of the justice system and the rule of law more in general. Some of the specific objectives mentioned under pillar 1 are:

(i) aligning the Justice laws with the recommendations of the CVM, GRECO, and Venice Commission reports (pages 10 and 31 of the Strategy); (ii) aligning the Criminal Code and Criminal Procedure Code with the constitutional provisions, as detailed in the decisions of the Constitutional Court, taking into account the recommendations of the CVM report (specific objective C.1.1, pages 20 and 84 of the Strategy); (iii) strengthening the judicial police at the level of the prosecution offices and structures of the Minister of Home Affairs, in which the judicial police are organised; carrying out an institutional and legal analysis compared to the situation in other EU Member States (specific objective C1.3 pages 20 and 84-85 of the Strategy); (iv) extending the National Anticorruption Directorate (DNA) competence to cover crimes comparable to corruption as well as serious environmental crimes (specific objective C1.4

pages 20 and 85 of the Strategy); and (v) modifying the appointment procedure, seniority requirements for DNA prosecutors (specific objective C1.5 pages 20 and 85 of the Strategy). The results of the policies concerning strengthening the rule of law shall be objectively assessed through dedicated achievement indicators, which shall be developed in the framework of the strategy Each strategic objective also includes a list of three performance indicators: achievement, expected results, and estimated impact (pages 11-21 and 31-91 of the Strategy). For example, the Government expects that the implementation of the Strategy will result in an increase of the perceived independence of justice to 55-60% by 2025, according to the performance indicator on impact, set out in the action plan (page 31 of the Strategy). The measures and indicators shall be prepared considering the findings of the Rule of Law Report.

As set out in the cover note, measures under pillar 1 are based on the recommendations in the CVM, GRECO, Venice Commission, Rule of Law Reports, and based on the recent case law of the Court of Justice of the European Union, the European Court of Human Rights, and the Constitutional Court of Romania (CCR). For example, this is the case of the Rule of Law recommendation related to the Justice laws, suggesting that their revision should reinforces safeguards for judicial independence, including to reform the disciplinary regime for magistrates, and take measures to address remaining concerns about the investigation and prosecution of criminal offences in the judiciary. This recommendation is reflected in specific objective A 1.1 in the Strategy (Bringing the Justice laws in line with the recommendations of the CVM, GRECO, Venice Commission reports, by revising the legislative

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