Country Reports

Politische Kurzberichte der KAS-Auslandsbüros

The Konrad-Adenauer-Stiftung is a political foundation. Our offices abroad are in charge of over 200 projects in more than 120 countries. The country reports offer current analyses, exclusive evaluations, background information and forecasts - provided by our international staff.

2010

Independence of the Justice System in Romania and Dealing with the Past

by Stefanie Ricarda Roos

On the election of the new president of Romania's Superior Council of Magistracy - A report
On the 11th of January 2010 the members of Romania's Superior Council of Magistracy (CSM) elected Judge Florica Bejinariu as the new president of the self-governing body of the justice system. According to the constitution, the Council has the mandate to guarantee the independence of the justice system. The election was harshly critizised by legal professional associations, but also prominent non-governmental organisations because of the collaboration of the judge with the former Romanian state security service, Securitate. More on this subject in our report (only in German).

2009

Integrity Agency With Integrity Issues?

by Stefanie Ricarda Roos, Corina Rebegea

An analysis of recent developments regarding the work of the National Integrity Agency and National Integrity Council
In the past several months, post-accession monitoring in Romania has been focused, for good reason, on the financial crisis of the Romanian justice system. As a result, important developments regarding the work of the National Integrity Agency, in particular the challenges to the credibility of ANI and the National Integrity Council, have received too little public attention. The remaining shortcomings regarding the work of these institutions are manifold and complex. Therefore, a closer look at recent developments with regard to their work is justified.

2008

What Is Left of the Fight against Corruption in Romania?

by Stefanie Ricarda Roos, Corina Rebegea

A Critical Analysis in Light of the Recent Parliament Elections
December 9 marks the date on which awareness for a global phenomenon is raised world-wide. The talk is about corruption. Corruption undermines the institutions and values of democracy, ethical values and justice and jeopardizes sustainable development and the rule of law (UN Convention against Corruption).

2008

Different Signals for the Opening of Criminal Law Investigation against High-Ranking Politicians

by Stefanie Ricarda Roos

Red Light for Nastase (PSD) and Mitrea (PSD), Green Light for Seres (PC) and Pacuraru (PNL)
On 3rd of September, the Romanian Parliament is going back to work. However, the parliamentarians of the Carpatian country have not been idle during the summer break: the members of the Chamber of Deputies and the Senate had to decide in extracurricular sessions on 13th and 16th of August, whether they will withdraw the immunity of four current and former ministers, thus enabling criminal law investigation on suspicion of high-ranking corruption.

2008

Fight against Corruption – The Problem Child of the Carpatian Country

by Stefanie Ricarda Roos

Also in the second year after EU accession, Romania is only proceeding slowly in the fight against corruption
The topic of „fight against corruption“ has been ruling the public agenda in Romania for several years. Its accession to the European Union (EU) on 1 January 2007 has not changed anything in this respect. To the contrary: since Romania’s EU accession, the fight against corruption has been occupying national and international media, politics, economy, lawyers and civil society to a hitherto unknown extent.

2008

Habemus Ministrum Justitiae!

by Stefanie Ricarda Roos

39 year old business lawyer has been appointed new Minister of Justice in Romania.
In Romania, after almost two months of controversy and tensions between the two heads of the Executive, the Prime-Minister and the President, regarding the person to fill the office of the Minister of Justice, agreement has been reached on the nomination of Cătălin-Marian Predoiu, a commercial lawyer. You find more background information on his nomination in the following report.

2008

Prosecution of Political Corruption - Green-Lighted in Romania?

by Stefanie Ricarda Roos

Debate has re-ignited in new EU member state Romania about the prosecution of former and current ministers under suspicion of political corruption.

2008

Not All Good Things Come in Threes for Romanian Judiciary

by Stefanie Ricarda Roos

President Minister Basescu refuses appointment of national-liberal senator to minister of justice
Even in the 2nd year of its EU accession, the Romanian does not come to a rest: On 8January 2008, President Traian Basescu refused to appoint the national-liberal senator Norica Nicolai as the new Romanian Minister of Justice. Instead, he asked Prime Minister Calin Popescu-Tariceanu (PNL) in writing to make a new proposal for the filling of the vacancy as justice minister. Liberal Nicolai had - despite original objections by the Prime Minister - been proposed for the post of Minister of Justice in December last year by the governing PNL. The decision led to different reactions internationally.

2007

European Commission analyzes Bulgarian and Romanian progress

by Stefanie Ricarda Roos

in the areas of justice reform, fight against corruption, and fight against organized crime
On 27 June 2007, the European Commission issued its reports on the progress made by Bulgaria and Romania in meeting the benchmarks which had been set by the Commission when both countries joined the EU.The two countries escaped the activation of the safeguard clauses, but the Commission noticed that the progresses in the reform of the justice system, in fighting corruption and in fighting organized crime are insufficient. It also said that it will keep on monitoring, for another year, the two new Member States and continue to cooperate/support them.The most important critic brought to Bulgaria was the lack of results in fighting organized crime, especially the lack of legal prosecution and the lack of penalties in the cases of alleged contract killings (more than 155 starting with 2000).In the case of Romania, the critics went to the way in which the Romanian Justice deals with high-level corruption cases. Very few cases are being solved.
© Sandro Weltin / Council of Europe

2019

Bosnien-Herzegowinas (un)mögliche Wahl: Eine rechtspolitische Analyse

by Hartmut Rank, Mahir Muharemović

In Bosnien und Herzegowina (BuH) fanden im Oktober 2018 Wahlen statt. Gewählt wurden (1) die drei, verschiedenen Ethnien zugehörigen, Mitglieder der Präsidentschaft, (2) das gesamtstaatliche Parlament von BuH, (3) das Parlament der Entität: Föderation von BuH, (4) die Versammlung der 10 Kantonsparlamente in der Föderation, (5) der Präsident und der Vizepräsident der Entität: Republik Srpska (RS) sowie (6) die Nationalversammlung der RS. Jedoch wäre es zutreffender zu sagen, dass die Wahlen in BuH auch jetzt noch nicht ganz abgeschlossen sind, da das Parlament von BuH und das Parlament der Föderation von BuH immer noch nicht vollständig konstituiert sind. Wie kann es sein, dass die Wahlen immer noch andauern, obwohl sie doch im Oktober 2018 stattfanden? Die Antwort ist im komplexen Wahlrecht in BuH und in einer Entscheidung des bosnischen Verfassungsgerichts zu finden. Nachfolgend stellen wir kurz das komplexe Wahlrecht und danach eine (umstrittene) Entscheidung des Verfassungsgerichts dar.